Appellant / Complainant
U.P. State Industrial Development Corporation Limited
Respondent
Divya Mishra
u.p. state industrial development corporation limited
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 0901126009352022 by U.P. State Industrial Development Corporation Limited against Divya Mishra before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal filed by UPSIDA, upholding the RERA order directing the delivery of possession and payment of delay interest at MCLR+1% to the respondent. It further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
Compliance of section 43(5)
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions and directed the Registry to convert the defective appeal into a regular appeal before proceeding to hear the merits.
Compliance of section 43(5)
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the case for hearing on the application for condonation of delay on 07.07.2023.
Compliance of section 43(5)
The Tribunal granted an adjournment requested by the respondent's counsel due to a personal bereavement and scheduled the appeal for hearing on 05.12.2022.
Compliance of section 43(5)
The Tribunal noted that pleadings have been exchanged and the matter is ready for hearing; consequently, the case has been scheduled for a hearing on 09.11.2022.
Notice
The Tribunal granted the appellant 10 days to comply with Section 43(5) of the Act and scheduled the defective appeal for orders on 29.09.2022.
Notice
The Tribunal directed the appellant to deposit the remaining amount required under Section 43(5) of the Act and listed the defective appeal for compliance on 07.09.2022.
Defect Removal
The Tribunal directed the applicant to deposit any remaining amount required for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the delay condonation application.
Tribunal Order #0901126009352022-17-07-2023
The Tribunal dismissed the appeal filed by UPSIDA, upholding the RERA order directing the delivery of possession and payment of delay interest at MCLR+1% to the respondent. It further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
Tribunal Order #0901126009352022-07-07-2023
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions and directed the Registry to convert the defective appeal into a regular appeal before proceeding to hear the merits.
Tribunal Order #0901126009352022-05-08-2022
The Tribunal directed the appellant to deposit the remaining amount required under Section 43(5) of the Act and listed the defective appeal for compliance on 07.09.2022.
Tribunal Order #0901126009352022-06-06-2022
The Tribunal directed the applicant to deposit any remaining amount required for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the delay condonation application.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal filed by UPSIDA, upholding the RERA order directing the delivery of possession and payment of delay interest at MCLR+1% to the respondent. It further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: SBI's MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal filed by UPSIDA, upholding the RERA order directing the delivery of possession and payment of delay interest at MCLR+1% to the respondent. It further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
SBI's MCLR+1%
Interest Period
from December 2016 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)
- Kartikey Dubey
- Ramesh Chandra Mishra
Respondent Advocate(s)
- Deepak Dwivedi
Official RERA Tribunal Orders (4)
The Tribunal dismissed the appeal filed by UPSIDA, upholding the RERA order directing the delivery of possession and payment of delay interest at MCLR+1% to the respondent. It further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu directions and directed the Registry to convert the defective appeal into a regular appeal before proceeding to hear the merits.
The Tribunal directed the appellant to deposit the remaining amount required under Section 43(5) of the Act and listed the defective appeal for compliance on 07.09.2022.
The Tribunal directed the applicant to deposit any remaining amount required for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the delay condonation application.
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