Appellant / Complainant
Karuna Chauhan
Respondent
Parsvnath Developers Limited
parsvnath developers limited
Partial
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 0901126006702022 by Karuna Chauhan against Parsvnath Developers Limited before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Adjudicating Officer's order and remanded the matter for re-examination of compensation claims under Section 18(3) of the Act, ruling that a developer must obtain a Completion/Occupancy Certificate before offering possession and that taking possession does not forfeit an allottee's right to claim interest or compensation.
Hearing
The Tribunal permitted the appellant's counsel to withdraw her Vakalatnama and allowed the appellant's husband to argue the matter on her behalf; judgment has been reserved.
Hearing
The Tribunal adjourned the matter to 06.05.2024 following a request from the respondent's counsel and directed that no further adjournments will be granted on the next date.
Hearing
The Tribunal has ordered the appeal to be listed for a hearing on 04.04.2024.
Hearing
The Tribunal granted a request for more time to prepare the brief and rescheduled the appeal hearing to March 1, 2024.
Hearing
The Tribunal adjourned the proceedings scheduled for 14.09.2023 due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work, rescheduling the hearing to 26.10.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for September 14, 2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and directed the respondent to upload their objections into the proper electronic folder. The matter is scheduled for hearing on 09.05.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel to prepare the brief and scheduled the next hearing for March 28, 2023.
Hearing
The Tribunal adjourned the hearing to 19.01.2023 and directed the Registry to comply with a previous order dated 22.09.2022 to convert the defective appeal into a regular appeal.
For Order
The Tribunal adjourned the appeal to 28.11.2022 following a request for adjournment by the respondent's counsel due to personal difficulty.
Delay condonation
The Tribunal allowed the application for condonation of delay, citing the Supreme Court's Suo Motu Writ Petition (Civil) No. 3 of 2020, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The appeal was dismissed for want of prosecution due to the non-appearance of the appellant at the time of the hearing.
Delay condonation
The Tribunal granted the respondent two weeks to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent timeline set for the applicant's reply.
Delay condonation
The Tribunal issued fresh notice to the respondent due to their non-appearance and directed the applicant to serve the appeal documents via speed post and email, scheduling the next hearing for 06.04.2022.
Delay condonation
The Tribunal noted a delay in filing the appeal and issued notice to the respondent regarding the application for condonation of delay, scheduling the next hearing for 15.03.2022.
Tribunal Order #0901126006702022-14-05-2024
The Tribunal set aside the Adjudicating Officer's order and remanded the matter for re-examination of compensation claims under Section 18(3) of the Act, ruling that a developer must obtain a Completion/Occupancy Certificate before offering possession and that taking possession does not forfeit an allottee's right to claim interest or compensation.
Tribunal Order #0901126006702022-21-12-2022
The Tribunal adjourned the hearing to 19.01.2023 and directed the Registry to comply with a previous order dated 22.09.2022 to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order and remanded the matter for re-examination of compensation claims under Section 18(3) of the Act, ruling that a developer must obtain a Completion/Occupancy Certificate before offering possession and that taking possession does not forfeit an allottee's right to claim interest or compensation. Awarded in favor of Partial.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order and remanded the matter for re-examination of compensation claims under Section 18(3) of the Act, ruling that a developer must obtain a Completion/Occupancy Certificate before offering possession and that taking possession does not forfeit an allottee's right to claim interest or compensation.
Ruling Awarded To
Partial
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Nimish Gupta
Respondent Advocate(s)
- Rajesh Chadha
Official RERA Tribunal Orders (2)
The Tribunal set aside the Adjudicating Officer's order and remanded the matter for re-examination of compensation claims under Section 18(3) of the Act, ruling that a developer must obtain a Completion/Occupancy Certificate before offering possession and that taking possession does not forfeit an allottee's right to claim interest or compensation.
The Tribunal adjourned the hearing to 19.01.2023 and directed the Registry to comply with a previous order dated 22.09.2022 to convert the defective appeal into a regular appeal.
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