Appellant / Complainant
Anju Kumari
Respondent
Ajpa Parishad Sehkari Awas Samiti Ltd
ajpa parishad sehkari awas samiti ltd
₹62,14,960
Appellant
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126003992023 by Anju Kumari against Ajpa Parishad Sehkari Awas Samiti Ltd before up_rera.
Hearing
The Tribunal ruled that a promoter cannot use an out-of-court settlement to curtail an allottee's statutory right to receive delay interest under Section 18(1) of the RERA Act, 2016. Consequently, it set aside the Regulatory Authority's dismissal of the execution petition and ordered the restoration of proceedings to enforce the payment of interest.
Hearing
The Tribunal scheduled the appeal for hearing on 24.01.2025 and ordered that the matter will proceed ex parte against the respondent due to their absence.
Hearing
The Tribunal noted that the respondent refused to accept the notice, deemed service sufficient, and scheduled the appeal for hearing on 21.01.2025.
Hearing
The Tribunal directed that the appeal be listed for orders or hearing on 12.12.2024, referencing a previous order passed in a related matter.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence from the station and rescheduled the matter for orders on 18.11.2024.
Hearing
The Tribunal has listed Appeal-80/2023 for a hearing on 03.10.2024, referencing a previous order passed in a related appeal.
Hearing
The Tribunal granted the appellant a seven-day extension to comply with the previous order dated 08.08.2024 and scheduled the next hearing for 02.09.2024.
Hearing
The Tribunal noted the respondent's failure to comply with previous orders and warned that the President and Secretary may face proceedings under Section 64 of the Act for non-compliance. The appellant was granted one week to provide details regarding the current office bearers of the respondent organization.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. 668/2022 for directions regarding this matter.
Hearing
The Tribunal granted the respondent a 10-day extension to submit a calculation chart and comply with previous orders due to a change in the management committee's composition.
Hearing
The Tribunal rejected the respondent's application for an extension of time due to procedural defects and ordered the President and Secretary of the respondent to appear on the next date to show cause why proceedings should not be initiated against them under Section 64 of the Act for non-compliance.
Hearing
The Tribunal granted the respondent one week to calculate and submit a statement detailing the total amount payable to the appellant under the order dated 10.04.2019, after accounting for payments already made during settlement.
Hearing
The Tribunal directs the parties to refer to the order previously passed in Appeal No. 669/2022 for the relevant orders.
Hearing
The court has scheduled the hearing for Appeal-80/2023 to take place on March 21, 2024, following a joint request from the counsel of both parties.
Hearing
The Tribunal directs the parties to refer to the order passed in Appeal No. 669/2022 for the relevant directives and orders.
Hearing
The Tribunal noted the appellant's counsel is on leave and scheduled the appeal for a hearing/orders on 16.02.2024.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the appeal for hearing on 12.09.2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and established a timeline for subsequent replies and e-portal uploads before listing the matter for hearing on 10.05.2023.
Admission
The Tribunal issued a notice to the respondent and outlined specific procedural timelines for service of notice, filing objections, and replies before the next hearing on 29.03.2023.
Tribunal Order #0901126003992023-24-01-2025
The Tribunal ruled that a promoter cannot use an out-of-court settlement to curtail an allottee's statutory right to receive delay interest under Section 18(1) of the RERA Act, 2016. Consequently, it set aside the Regulatory Authority's dismissal of the execution petition and ordered the restoration of proceedings to enforce the payment of interest.
Tribunal Order #0901126003992023-07-05-2024
The Tribunal rejected the respondent's application for an extension of time due to procedural defects and ordered the President and Secretary of the respondent to appear on the next date to show cause why proceedings should not be initiated against them under Section 64 of the Act for non-compliance.
Tribunal Order #0901126003992023-15-04-2024
The Tribunal granted the respondent one week to calculate and submit a statement detailing the total amount payable to the appellant under the order dated 10.04.2019, after accounting for payments already made during settlement.
Tribunal Order #0901126003992023-08-08-2024
The Tribunal noted the respondent's failure to comply with previous orders and warned that the President and Secretary may face proceedings under Section 64 of the Act for non-compliance. The appellant was granted one week to provide details regarding the current office bearers of the respondent organization.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that a promoter cannot use an out-of-court settlement to curtail an allottee's statutory right to receive delay interest under Section 18(1) of the RERA Act, 2016. Consequently, it set aside the Regulatory Authority's dismissal of the execution petition and ordered the restoration of proceedings to enforce the payment of interest. Awarded in favor of Appellant. Awarded interest rate: MRLC+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that a promoter cannot use an out-of-court settlement to curtail an allottee's statutory right to receive delay interest under Section 18(1) of the RERA Act, 2016. Consequently, it set aside the Regulatory Authority's dismissal of the execution petition and ordered the restoration of proceedings to enforce the payment of interest.
Ruling Awarded To
Appellant
Awarded Interest Rate
MRLC+1%
Interest Period
till the handing over of the possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
- Isha Asthana
Respondent Advocate(s)
- Amit Yadav
- Raj Singh
Official RERA Tribunal Orders (4)
The Tribunal ruled that a promoter cannot use an out-of-court settlement to curtail an allottee's statutory right to receive delay interest under Section 18(1) of the RERA Act, 2016. Consequently, it set aside the Regulatory Authority's dismissal of the execution petition and ordered the restoration of proceedings to enforce the payment of interest.
The Tribunal rejected the respondent's application for an extension of time due to procedural defects and ordered the President and Secretary of the respondent to appear on the next date to show cause why proceedings should not be initiated against them under Section 64 of the Act for non-compliance.
The Tribunal granted the respondent one week to calculate and submit a statement detailing the total amount payable to the appellant under the order dated 10.04.2019, after accounting for payments already made during settlement.
The Tribunal noted the respondent's failure to comply with previous orders and warned that the President and Secretary may face proceedings under Section 64 of the Act for non-compliance. The appellant was granted one week to provide details regarding the current office bearers of the respondent organization.
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