Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Ajay Yadav
₹31,00,672
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 0901126007052022 by U.P. Awas Evam Vikas Parishad against Ajay Yadav before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the RERA order for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Hearing
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad challenging the interest rate and the application of force majeure benefits during the COVID-19 period; judgment has been reserved.
Hearing
The Tribunal granted the appellant's request to list the appeal for orders on 04.03.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for a hearing on 27.10.2023.
Hearing
The Tribunal noted that the case is ripe for hearing and scheduled it for orders/hearing on 27.07.2023.
Hearing
The Tribunal issued a show cause notice to the appellant regarding the failure to provide physical possession despite the execution of a conveyance deed and directed them to explain why interest for the delay should not be granted to the respondent.
Hearing
The Tribunal granted the appellant, U.P. Awas Evam Vikas Parishad, a one-week extension to file a reply against the respondent's objections and scheduled the matter for hearing on 21.04.2023.
For Order
The Tribunal directed the Registry to comply with a previous order dated 26.04.2022 to convert the defective appeal into a regular appeal and scheduled the matter for further orders on 15.03.2023.
For Order
The Tribunal adjourned the appeal to 11.01.2023 as no time remained for hearing on the scheduled date.
For Order
The Tribunal directed the applicant to file a replication/rejoinder and ordered the registry to correct a clerical error where an order from a different appeal had been wrongly uploaded to this case.
Exchange of pleadings
The Tribunal imposed a cost of Rs. 5,000/- on the respondent for failing to file a reply and directed that half be paid to the appellant and the rest to the Tribunal fund; the respondent is further ordered to file his Vakalatnama and reply before the next hearing on 12.09.2022.
Hearing
The Tribunal granted the respondent a final opportunity to file a reply against the grounds of appeal and directed them to serve a copy to the appellant via email, listing the case for hearing on 11.08.2022.
Hearing
The Tribunal condoned the 106-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the respondent to file a reply within 20 days.
Hearing
The Tribunal issued 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 acknowledged the deposit of Rs. 5,53,792/- by the appellant and issued notices to the respondent regarding the application for condonation of delay, while directing the appellant to rectify procedural errors in filing Form L.
Tribunal Order #0901126007052022-07-05-2024
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the RERA order for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Tribunal Order #0901126007052022-04-03-2024
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad challenging the interest rate and the application of force majeure benefits during the COVID-19 period; judgment has been reserved.
Tribunal Order #0901126007052022-12-09-2022
The Tribunal directed the applicant to file a replication/rejoinder and ordered the registry to correct a clerical error where an order from a different appeal had been wrongly uploaded to this case.
Tribunal Order #0901126007052022-25-02-2022
The Tribunal acknowledged the deposit of Rs. 5,53,792/- by the appellant and issued notices to the respondent regarding the application for condonation of delay, while directing the appellant to rectify procedural errors in filing Form L.
Tribunal Order #0901126007052022-21-04-2023
The Tribunal issued a show cause notice to the appellant regarding the failure to provide physical possession despite the execution of a conveyance deed and directed them to explain why interest for the delay should not be granted to the respondent.
Tribunal Order #0901126007052022-11-08-2022
The Tribunal imposed a cost of Rs. 5,000/- on the respondent for failing to file a reply and directed that half be paid to the appellant and the rest to the Tribunal fund; the respondent is further ordered to file his Vakalatnama and reply before the next hearing on 12.09.2022.
Tribunal Order #0901126007052022-26-04-2022
The Tribunal condoned the 106-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the respondent to file a reply within 20 days.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the RERA order for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee. Awarded in favor of Respondent. Awarded interest rate: SBI's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the RERA order for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
SBI's MCLR+1% per annum
Interest Period
from 29.12.2018 till 29.12.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Bhairav Dutt Sharma
Official RERA Tribunal Orders (7)
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the RERA order for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad challenging the interest rate and the application of force majeure benefits during the COVID-19 period; judgment has been reserved.
The Tribunal directed the applicant to file a replication/rejoinder and ordered the registry to correct a clerical error where an order from a different appeal had been wrongly uploaded to this case.
The Tribunal acknowledged the deposit of Rs. 5,53,792/- by the appellant and issued notices to the respondent regarding the application for condonation of delay, while directing the appellant to rectify procedural errors in filing Form L.
The Tribunal issued a show cause notice to the appellant regarding the failure to provide physical possession despite the execution of a conveyance deed and directed them to explain why interest for the delay should not be granted to the respondent.
The Tribunal imposed a cost of Rs. 5,000/- on the respondent for failing to file a reply and directed that half be paid to the appellant and the rest to the Tribunal fund; the respondent is further ordered to file his Vakalatnama and reply before the next hearing on 12.09.2022.
The Tribunal condoned the 106-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the respondent to file a reply within 20 days.
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