Appellant / Complainant
Ankur Pandey
Respondent
Ajpa Parishad Sehkari Awas Samiti Ltd
ajpa parishad sehkari awas samiti ltd
₹86,27,500
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 0901126004142023 by Ankur Pandey against Ajpa Parishad Sehkari Awas Samiti Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order that had dismissed an execution petition based on a private settlement, ruling that a promoter cannot use a settlement to curtail an allottee's mandatory statutory right to receive delay interest under Section 18(1) of the RERA Act.
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, deeming 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 from Appeal No. 669/2022.
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 directed that the order passed in a related appeal (No. 668/2022) be referred to for this case and scheduled the next hearing for October 3, 2024.
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 inability to identify current office bearers due to a dissolved committee and maintained the threat of proceedings under Section 64 of the Act against the President and Secretary for non-compliance with previous orders.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. 668/2022 for directions regarding this matter.
Hearing
The Tribunal refers the parties to the order passed in Appeal No. 80/2023 for the relevant directions.
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 and show cause why proceedings should not be initiated against them under Section 64 of the Act for non-compliance.
Hearing
The Tribunal refers the parties to the orders already passed in Appeal No. 80/2023 for further directions.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. 669/2022 for further directions.
Hearing
The Tribunal has adjourned the hearing of the appeal to 21.03.2024 following a joint request from the learned counsel for both parties.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. 669/2022 for further directions.
Hearing
The Tribunal noted the appellant's counsel is on sanctioned leave and scheduled the appeal for 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 next hearing for September 12, 2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and set a timeline for subsequent replies and e-portal uploads, scheduling the next hearing for May 10, 2023.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural timeline for service of appeal documents and the filing of objections and replies.
Tribunal Order #0901126004142023-24-01-2025
The Tribunal set aside the Regulatory Authority's order that had dismissed an execution petition based on a private settlement, ruling that a promoter cannot use a settlement to curtail an allottee's mandatory statutory right to receive delay interest under Section 18(1) of the RERA Act.
Tribunal Order #0901126004142023-08-08-2024
The Tribunal noted the respondent's inability to identify current office bearers due to a dissolved committee and maintained the threat of proceedings under Section 64 of the Act against the President and Secretary for non-compliance with previous orders.
Tribunal Order #0901126004142023-07-05-2024
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 and show cause why proceedings should not be initiated against them under Section 64 of the Act for non-compliance.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order that had dismissed an execution petition based on a private settlement, ruling that a promoter cannot use a settlement to curtail an allottee's mandatory statutory right to receive delay interest under Section 18(1) of the RERA Act. Awarded in favor of Appellant. Awarded interest rate: MRLC+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order that had dismissed an execution petition based on a private settlement, ruling that a promoter cannot use a settlement to curtail an allottee's mandatory statutory right to receive delay interest under Section 18(1) of the RERA Act.
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 (3)
The Tribunal set aside the Regulatory Authority's order that had dismissed an execution petition based on a private settlement, ruling that a promoter cannot use a settlement to curtail an allottee's mandatory statutory right to receive delay interest under Section 18(1) of the RERA Act.
The Tribunal noted the respondent's inability to identify current office bearers due to a dissolved committee and maintained the threat of proceedings under Section 64 of the Act against the President and Secretary for non-compliance with previous orders.
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 and show cause why proceedings should not be initiated against them under Section 64 of the Act for non-compliance.
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