Appellant / Complainant
U.P Avas Evam Vikas Parishad
Respondent
Surendra Prasad Singh
Respondent
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 0901126004112019 by U.P Avas Evam Vikas Parishad against Surendra Prasad Singh before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay interest (at savings bank rates and subsequently MCLR+1% p.a.) to the allottee for delayed possession of a residential flat.
Hearing
The Tribunal converted the miscellaneous case into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements and reserved judgment after hearing arguments regarding an allegedly erroneous order directing a full refund instead of delay interest.
Hearing
The court granted a request to reschedule the case and ordered it to be listed on 06.04.2023 for orders or hearing.
Hearing
The Tribunal adjourned the matter due to lack of time and scheduled the appeal for a hearing on 08.02.2023.
Hearing
The Tribunal heard arguments regarding a dispute over delayed interest after the respondent confirmed possession of the flat; the judgment has been reserved.
Hearing
The Tribunal restored the case following the appellant's compliance with Section 43(5) of the Act and directed that notice be issued to the respondent for a hearing scheduled on 11.11.2021.
Hearing
The Tribunal recalled its previous dismissal order dated 27.11.2019 and restored the case to its original number after the appellant demonstrated compliance with Section 43(5) of the Act by depositing the required amount.
Tribunal Order #0901126004112019-31-05-2023
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay interest (at savings bank rates and subsequently MCLR+1% p.a.) to the allottee for delayed possession of a residential flat.
Tribunal Order #0901126004112019-21-09-2021
The Tribunal restored the case following the appellant's compliance with Section 43(5) of the Act and directed that notice be issued to the respondent for a hearing scheduled on 11.11.2021.
Tribunal Order #0901126004112019-16-05-2023
The Tribunal converted the miscellaneous case into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements and reserved judgment after hearing arguments regarding an allegedly erroneous order directing a full refund instead of delay interest.
Tribunal Order #0901126004112019-23-03-2021
The Tribunal recalled its previous dismissal order dated 27.11.2019 and restored the case to its original number after the appellant demonstrated compliance with Section 43(5) of the Act by depositing the required amount.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay interest (at savings bank rates and subsequently MCLR+1% p.a.) to the allottee for delayed possession of a residential flat. Awarded in favor of Respondent. Awarded interest rate: at the rate payable on the saving bank account by the Nationalized Bank and after that @ MCLR+1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay interest (at savings bank rates and subsequently MCLR+1% p.a.) to the allottee for delayed possession of a residential flat.
Ruling Awarded To
Respondent
Awarded Interest Rate
at the rate payable on the saving bank account by the Nationalized Bank and after that @ MCLR+1% p.a.
Interest Period
from the date of promised date of possession till 30.04.2016 ... and after that ... till the date of actual possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Sanjay Sinha
Official RERA Tribunal Orders (4)
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay interest (at savings bank rates and subsequently MCLR+1% p.a.) to the allottee for delayed possession of a residential flat.
The Tribunal restored the case following the appellant's compliance with Section 43(5) of the Act and directed that notice be issued to the respondent for a hearing scheduled on 11.11.2021.
The Tribunal converted the miscellaneous case into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements and reserved judgment after hearing arguments regarding an allegedly erroneous order directing a full refund instead of delay interest.
The Tribunal recalled its previous dismissal order dated 27.11.2019 and restored the case to its original number after the appellant demonstrated compliance with Section 43(5) of the Act by depositing the required amount.
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