up_reraStatus: Completed
CASE ID: 0901126009582023

Appellant / Complainant

U.P. Awas Evam Vikas Parishad

VS

Respondent

Mukand Agarwal

Disposal Award

Respondent

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

23 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126009582023 by U.P. Awas Evam Vikas Parishad against Mukand Agarwal before up_rera.

Delay in PossessionDelay Compensation / InterestJurisdiction & Maintainability
2
Stage 113/02/2025

Delay condonation

The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% per annum for the period from 26.06.2017 to 06.01.2020.

3
Stage 213/01/2025

Delay condonation

No text available.

4
Stage 318/12/2024

Delay condonation

The Tribunal has adjourned the appeal to 13.01.2025 following a joint request from both parties.

5
Stage 427/11/2024

Delay condonation

The Tribunal granted a request for adjournment on behalf of the appellant's counsel and rescheduled the appeal for hearing on 18.12.2024.

6
Stage 520/11/2024

Delay condonation

The Tribunal has scheduled a hearing for November 27, 2024, to consider an application for condonation of delay regarding the defective appeal.

7
Stage 615/10/2024

Delay condonation

The Tribunal has scheduled the appeal for a final hearing on 20.11.2024 following a joint request from the counsel representing both parties.

8
Stage 704/09/2024

Delay condonation

The Tribunal granted an adjournment application filed by the respondent's counsel due to illness and rescheduled the hearing for 15.10.2024.

9
Stage 802/08/2024

Delay condonation

No text available.

10
Stage 911/07/2024

Delay condonation

The court has granted a request to list this defective appeal for orders or hearing on August 2, 2024.

11
Stage 1014/05/2024

Delay condonation

The Tribunal granted the respondent one week to file an objection to the amendment application and scheduled the matter for July 11, 2024, to consider applications for condonation of delay and amendment.

12
Stage 1112/04/2024

Delay condonation

The Tribunal granted an adjournment due to a request from the appellant's counsel and the illness of the respondent's counsel, scheduling the hearing for 14.05.2024.

13
Stage 1206/03/2024

Delay condonation

The Tribunal granted an adjournment requested by the respondent's counsel on personal grounds and scheduled the defective appeal for orders/hearing on 12.04.2024.

14
Stage 1330/01/2024

Delay condonation

The Tribunal granted a one-week extension to the appellant to file a reply to the respondent's objections regarding the application for condonation of delay and rescheduled the hearing to 06.03.2024.

15
Stage 1431/10/2023

Delay condonation

No text available.

16
Stage 1518/09/2023

Delay condonation

The Tribunal allowed the appellant's application to amend the grounds of appeal, directing the incorporation of new grounds (P to J) and providing the respondent liberty to file objections to the amended memo.

17
Stage 1621/07/2023

Delay condonation

The Tribunal directed the respondent's counsel to provide a soft copy of their objections and granted the applicant one week to file a reply before listing the defective appeal for hearing on 18.09.2023.

18
Stage 1710/05/2023

Delay condonation

No text available.

19
Stage 1829/03/2023

Delay condonation

The Tribunal acknowledged the appellant's compliance with Section 43(5) regarding bank draft deposits and issued notice to the respondent concerning an application for condonation of delay, scheduled for hearing on 10.05.2023.

20
Stage 19Final Ruling Order

Tribunal Order #0901126009582023-13-02-2025

The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% per annum for the period from 26.06.2017 to 06.01.2020.

21
Stage 20Interim Order

Tribunal Order #0901126009582023-29-03-2023

The Tribunal acknowledged the appellant's compliance with Section 43(5) regarding bank draft deposits and issued notice to the respondent concerning an application for condonation of delay, scheduled for hearing on 10.05.2023.

22
Stage 21Interim Order

Tribunal Order #0901126009582023-18-09-2023

The Tribunal allowed the appellant's application to amend the grounds of appeal, directing the incorporation of new grounds (P to J) and providing the respondent liberty to file objections to the amended memo.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% per annum for the period from 26.06.2017 to 06.01.2020. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% per annum.

Disposal Winner: RespondentInterest Rate: MCLR+1% per annumStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% per annum for the period from 26.06.2017 to 06.01.2020.

Ruling Awarded To

Respondent

Awarded Interest Rate

MCLR+1% per annum

Interest Period

from 26.06.2017 to 06.01.2020

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Shikhar Srivastava

Respondent Advocate(s)

  • Madhusudan Srivastava
  • Vivek Kumar

Official RERA Tribunal Orders (3)

FINAL_ORDEROrder ID: 0901126009582023-13-02-2025

The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% per annum for the period from 26.06.2017 to 06.01.2020.

INTERIM_ORDEROrder ID: 0901126009582023-29-03-2023

The Tribunal acknowledged the appellant's compliance with Section 43(5) regarding bank draft deposits and issued notice to the respondent concerning an application for condonation of delay, scheduled for hearing on 10.05.2023.

INTERIM_ORDEROrder ID: 0901126009582023-18-09-2023

The Tribunal allowed the appellant's application to amend the grounds of appeal, directing the incorporation of new grounds (P to J) and providing the respondent liberty to file objections to the amended memo.

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