Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Virendra Kumar Shukla
₹30,00,000
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 0901126007012022 by U.P. Awas Evam Vikas Parishad against Virendra Kumar Shukla before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction under Section 18(1) and not within the adjudicating officer's power to award as 'compensation'.
Delay condonation
The Tribunal condoned an 88-day delay in filing the appeal, ruling that because the impugned order prima facie appeared to be passed without jurisdiction, the interest of justice required hearing the matter on its merits.
Delay condonation
Upon the joint request of the counsel for both parties, the appeal has been adjourned and listed for hearing on 07.08.2024.
Delay condonation
The Tribunal has granted a request to list the defective appeal for consideration of an application for condonation of delay on July 25, 2024.
Delay condonation
The Tribunal has scheduled the appeal for consideration of the application for condonation of delay and a subsequent hearing on 16.05.2024, following a joint request from both parties' counsel.
Delay condonation
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and scheduled the defective appeal for hearing on 16.04.2024.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on the application for condonation of delay on 12.03.2024.
For Order
The Tribunal granted the appellant five days to file an affidavit of service following a previous order and scheduled the case for hearing on 01.05.2023.
For Order
The Tribunal issued a fresh notice to the respondent via online mode and directed the applicant to serve the appeal documents and file an affidavit of service before the next hearing on 18.04.2023.
For Order
The Tribunal adjourned the proceedings because the counsel for the appellant was unavailable to attend, and scheduled the case for orders on 12.04.2023.
For Order
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and ordered the defective appeal to be listed for further orders on March 1, 2023.
For Order
The Tribunal adjourned the appeal to 11.01.2023 for further orders as no time was available during the current session.
For Order
The Tribunal noted the respondent's absence despite service of notice and directed that a notice be issued via email, subsequently listing the defective appeal for further orders on 14.10.2022.
For Order
The Tribunal noted the filing of an affidavit of service and scheduled the case for 12.09.2022 to address the application for condonation of delay.
Hearing
The Tribunal directed the appellant's counsel to file an affidavit of service within one week and scheduled the case for hearing on 11.08.2022.
Hearing
The Tribunal directed the appellant to file an affidavit of service regarding the notice served on the respondent and scheduled the defective appeal for further orders on 04.07.2022.
Hearing
The Tribunal issued a notice to the respondent and established a procedural timeline for filing objections to the application for condonation of delay and the memo of appeal.
Delay condonation
The Tribunal directed the applicant to rectify a structural defect by uploading an unsigned Form L and issued notices regarding the application for condonation of delay following proof of statutory deposit under Section 43(5) of the Act.
Tribunal Order #0901126007012022-08-11-2024
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction under Section 18(1) and not within the adjudicating officer's power to award as 'compensation'.
Tribunal Order #0901126007012022-07-08-2024
The Tribunal condoned an 88-day delay in filing the appeal, ruling that because the impugned order prima facie appeared to be passed without jurisdiction, the interest of justice required hearing the matter on its merits.
Tribunal Order #0901126007012022-25-02-2022
The Tribunal directed the applicant to rectify a structural defect by uploading an unsigned Form L and issued notices regarding the application for condonation of delay following proof of statutory deposit under Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction under Section 18(1) and not within the adjudicating officer's power to award as 'compensation'. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction under Section 18(1) and not within the adjudicating officer's power to award as 'compensation'.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 02-06-2017 to 20-11-2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction under Section 18(1) and not within the adjudicating officer's power to award as 'compensation'.
The Tribunal condoned an 88-day delay in filing the appeal, ruling that because the impugned order prima facie appeared to be passed without jurisdiction, the interest of justice required hearing the matter on its merits.
The Tribunal directed the applicant to rectify a structural defect by uploading an unsigned Form L and issued notices regarding the application for condonation of delay following proof of statutory deposit under Section 43(5) of the Act.
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