Appellant / Complainant
U.P. State Industrial Development Corporation Limited
Respondent
Rakhi Gupta
u.p. state industrial development corporation limited
₹23,50,000
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 0901126009372022 by U.P. State Industrial Development Corporation Limited against Rakhi Gupta before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed five appeals filed by UPSIDA, upholding the Regulatory Authority's order to provide possession and pay delay interest at MCLR+1% due to project delays. The Tribunal further directed that the pre-deposited funds be transferred to U.P. RERA for distribution to allottees during execution proceedings.
Further Order
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's Suo Moto Writ (C) No. 3 of 2020, and directed the Registry to convert the defective appeal into a regular appeal before reserving judgment.
Defect Removal
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and directed that a soft copy of the reply be sent via email.
Defect Removal
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the defective appeal for further hearing on 15.07.2022, at which time compliance with Section 43(5) of the Act will be examined.
Tribunal Order #0901126009372022-31-08-2022
The Appellate Tribunal dismissed five appeals filed by UPSIDA, upholding the Regulatory Authority's order to provide possession and pay delay interest at MCLR+1% due to project delays. The Tribunal further directed that the pre-deposited funds be transferred to U.P. RERA for distribution to allottees during execution proceedings.
Tribunal Order #0901126009372022-25-07-2022
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's Suo Moto Writ (C) No. 3 of 2020, and directed the Registry to convert the defective appeal into a regular appeal before reserving judgment.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed five appeals filed by UPSIDA, upholding the Regulatory Authority's order to provide possession and pay delay interest at MCLR+1% due to project delays. The Tribunal further directed that the pre-deposited funds be transferred to U.P. RERA for distribution to allottees during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed five appeals filed by UPSIDA, upholding the Regulatory Authority's order to provide possession and pay delay interest at MCLR+1% due to project delays. The Tribunal further directed that the pre-deposited funds be transferred to U.P. RERA for distribution to allottees during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1 percent
Interest Period
from December 2016 till the date of issuance of OC/CC or the date of handing over of possession, whichever is earlier
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kartikey Dubey
Respondent Advocate(s)
- Deepak Dwivedi
Official RERA Tribunal Orders (2)
The Appellate Tribunal dismissed five appeals filed by UPSIDA, upholding the Regulatory Authority's order to provide possession and pay delay interest at MCLR+1% due to project delays. The Tribunal further directed that the pre-deposited funds be transferred to U.P. RERA for distribution to allottees during execution proceedings.
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's Suo Moto Writ (C) No. 3 of 2020, and directed the Registry to convert the defective appeal into a regular appeal before reserving judgment.
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