Appellant / Complainant
Aastha Infra City Ltd
Respondent
Manish Prasad
aastha infra city ltd
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 0901126005012022 by Aastha Infra City Ltd against Manish Prasad before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal filed by Aastha Infracity Ltd., upholding the Regulatory Authority's order for interest payment due to delay in possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Hearing
The Tribunal heard arguments regarding an appeal by Aastha Infra City Ltd challenging a Regulatory Authority order, specifically focusing on the calculation of interest rates and the impact of COVID-19/Force Majeure provisions; judgment has been reserved.
Hearing
The court noted the respondent's claim that a conveyance deed was executed but not provided, and due to the absence of the appellant's counsel, the matter is adjourned to 06.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work, rescheduling the hearing to 16.10.2023.
Hearing
The Tribunal adjourned the matter to 06.09.2023 and directed the appellant to endeavor to execute the sale deed in favor of the respondent in the interim.
Hearing
The Tribunal has adjourned the matter to 24.08.2023 for hearing upon the request of the appellant's counsel due to the absence of the respondent's counsel.
Hearing
The Tribunal granted the respondent three days to file objections to the application for stay dated 14.08.2023 and scheduled the matter for hearing on 22.08.2023.
Hearing
The Tribunal granted an adjournment request from the appellant's counsel but scheduled the next hearing for 17.08.2023, warning that no further adjournments will be permitted and the case may be decided on available records if parties fail to appear.
Hearing
The tribunal granted an adjournment requested by the appellant's counsel due to his absence from the station and rescheduled the hearing for 09.05.2023.
Delay condonation
The Tribunal granted an adjournment due to the absence of the applicant's counsel and scheduled the defective appeal for further orders on 25.01.2023.
Delay condonation
The Tribunal allowed the application for condonation of delay regarding the filing of the appeal and directed the Registry to convert the defective appeal into a regular appeal.
For Order
The Tribunal noted procedural defects regarding missing Vakalatnamas for counsel representing both the applicant and respondent and adjourned the defective appeal to 13.10.2022.
Notice
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's objections and scheduled the matter for 08.09.2022 to consider the application for condonation of delay.
Compliance of section 43(5)
The Tribunal issued notice to the respondent and directed the appellant to clarify the total amount deposited under Section 43(5) of the Act, scheduling the next hearing for August 8, 2022.
Compliance of section 43(5)
The Tribunal granted the applicant time to file a vakalatnama within 3 days and assured compliance with Section 43(5) of the Act within 10 days, subsequently listing the matter for 13.06.2022.
Defect Removal
The Tribunal granted the appellant 10 days to comply with Section 43(5) of the Act by providing a Chartered Accountant's certificate as per UP RERA orders and scheduled the next hearing for 31.05.2022.
Tribunal Order #0901126005012022-07-05-2024
The Tribunal dismissed the appeal filed by Aastha Infracity Ltd., upholding the Regulatory Authority's order for interest payment due to delay in possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Tribunal Order #0901126005012022-06-02-2024
The Tribunal heard arguments regarding an appeal by Aastha Infra City Ltd challenging a Regulatory Authority order, specifically focusing on the calculation of interest rates and the impact of COVID-19/Force Majeure provisions; judgment has been reserved.
Tribunal Order #0901126005012022-24-08-2023
The Tribunal adjourned the matter to 06.09.2023 and directed the appellant to endeavor to execute the sale deed in favor of the respondent in the interim.
Tribunal Order #0901126005012022-11-11-2022
The Tribunal allowed the application for condonation of delay regarding the filing of the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal filed by Aastha Infracity Ltd., upholding the Regulatory Authority's order for interest payment due to delay in possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement to the respondent. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal filed by Aastha Infracity Ltd., upholding the Regulatory Authority's order for interest payment due to delay in possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.01.2020 till receipt of OC/CC or the date of offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Kumar
Respondent Advocate(s)
- Surangama Sharma
Official RERA Tribunal Orders (4)
The Tribunal dismissed the appeal filed by Aastha Infracity Ltd., upholding the Regulatory Authority's order for interest payment due to delay in possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement to the respondent.
The Tribunal heard arguments regarding an appeal by Aastha Infra City Ltd challenging a Regulatory Authority order, specifically focusing on the calculation of interest rates and the impact of COVID-19/Force Majeure provisions; judgment has been reserved.
The Tribunal adjourned the matter to 06.09.2023 and directed the appellant to endeavor to execute the sale deed in favor of the respondent in the interim.
The Tribunal allowed the application for condonation of delay regarding the filing of the appeal and directed the Registry to convert the defective appeal into a regular appeal.
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