Appellant / Complainant
Satya Narain Agnihotri, Kanti Agnihotri
Respondent
U.P. Awas Evam Vikas Parishad
₹40,90,000
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 0901126005772021 by Satya Narain Agnihotri, Kanti Agnihotri against U.P. Awas Evam Vikas Parishad before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the Promoter's appeal and partially modified the Complainant's appeal by setting aside the Adjudicating Officer's findings on structural defects to allow for future litigation, while upholding the interest award for delayed possession. It further directed that the Promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
to file objections and its reply
The Tribunal granted 10 days to both the appellant and respondent to file replies to objections and scheduled the next hearing for April 6, 2022.
Final Hearing
The Tribunal directed the appellant's counsel to file their vakalatnama and objections before the next hearing and scheduled the matter for 04.02.2022.
Final Hearing
The Tribunal allowed the appellant's application to amend the appeal by adding a ground regarding structural deficiency and granted the appellant ten days to file a reply to the respondent's objections.
Final Hearing
The Tribunal granted an adjournment of the appeal due to the personal difficulty of the appellant's counsel and rescheduled the matter to be heard alongside Appeal No. (D) 246/2021 on 13.12.2021.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the hearing for 23.11.2021.
Hearing
The Tribunal granted the appellant two weeks to file a reply to the respondent's objections and directed both parties to upload their pleadings on the e-portal before the next hearing on 01.11.2021.
Hearing
The Tribunal converted the defective appeal into a regular appeal after verifying it was filed within the limitation period and granted the appellant 10 days to file an application for amendment of the memo of appeal.
Hearing on Appeal
The Tribunal granted an adjournment requested by the applicant and directed the parties to exchange pleadings before the next hearing on 01.04.2021.
For Order
The case is adjourned because lawyers are abstaining from work due to a call by the Oudh Bar Association; the matter is rescheduled for 10.03.2021.
For Order
The Tribunal granted an adjournment of the defective appeal due to the applicant being out of station and rescheduled the matter for 24.02.2021.
Defect Removal
The Tribunal granted the appellant one week to file a certified copy of the RERA order to rectify a procedural defect and scheduled the matter for hearing on 04.02.2021.
Tribunal Order #0901126005772021-30-06-2022
The Tribunal dismissed the Promoter's appeal and partially modified the Complainant's appeal by setting aside the Adjudicating Officer's findings on structural defects to allow for future litigation, while upholding the interest award for delayed possession. It further directed that the Promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126005772021-08-09-2021
The Tribunal converted the defective appeal into a regular appeal after verifying it was filed within the limitation period and granted the appellant 10 days to file an application for amendment of the memo of appeal.
Tribunal Order #0901126005772021-13-12-2021
The Tribunal allowed the appellant's application to amend the appeal by adding a ground regarding structural deficiency and granted the appellant ten days to file a reply to the respondent's objections.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the Promoter's appeal and partially modified the Complainant's appeal by setting aside the Adjudicating Officer's findings on structural defects to allow for future litigation, while upholding the interest award for delayed possession. It further directed that the Promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the Promoter's appeal and partially modified the Complainant's appeal by setting aside the Adjudicating Officer's findings on structural defects to allow for future litigation, while upholding the interest award for delayed possession. It further directed that the Promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 30.03.2016 to 13.10.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- In Person
- Siddharth Nandwani
Respondent Advocate(s)
- N N Pandey
Official RERA Tribunal Orders (3)
The Tribunal dismissed the Promoter's appeal and partially modified the Complainant's appeal by setting aside the Adjudicating Officer's findings on structural defects to allow for future litigation, while upholding the interest award for delayed possession. It further directed that the Promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal converted the defective appeal into a regular appeal after verifying it was filed within the limitation period and granted the appellant 10 days to file an application for amendment of the memo of appeal.
The Tribunal allowed the appellant's application to amend the appeal by adding a ground regarding structural deficiency and granted the appellant ten days to file a reply to the respondent's objections.
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