Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Vishal Srivastava
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 0901126009672023 by U.P. Awas Evam Vikas Parishad against Vishal Srivastava before up_rera.
Delay condonation
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily liable to pay delay interest (MCLR+1%) to the allottee for the period between 26.06.2017 and 22.11.2019.
Delay condonation
Upon the joint request of both parties, the tribunal has adjourned the appeal for orders or hearing to January 13, 2025.
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.
Delay condonation
The Tribunal has scheduled a defective appeal for consideration on an application for condonation of delay and subsequent hearing on 27.11.2024, following a joint request from the counsels.
Delay condonation
The Tribunal has scheduled the appeal for a final hearing on 20.11.2024 following a joint request from the counsel for both parties.
Delay condonation
The Tribunal granted an adjournment application filed by the respondent's counsel due to illness and rescheduled the appeal for hearing on 15.10.2024.
Delay condonation
The Tribunal granted a request to list this defective appeal for orders or hearing on August 2, 2024.
Delay condonation
The Tribunal granted the respondent one week to file objections to an amendment application and scheduled the matter for July 11, 2024, to consider applications for condonation of delay and amendment.
Delay condonation
The Tribunal granted an adjournment request and scheduled the defective appeal for orders/hearing on 14.05.2024 due to the illness of the respondent's counsel.
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.
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.
Delay condonation
The Tribunal allowed the appellant's application to amend the grounds of appeal and directed the filing of an amended memo of appeal, with subsequent liberty for the respondent to file objections.
Delay condonation
The Tribunal has noted a defect in Appeal-221/2023 and directed that the matter be listed for hearing on 18.09.2023.
Delay condonation
The Tribunal accepted proof of deposit for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the applicant's application for condonation of delay.
Tribunal Order #0901126009672023-13-02-2025
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily liable to pay delay interest (MCLR+1%) to the allottee for the period between 26.06.2017 and 22.11.2019.
Tribunal Order #0901126009672023-29-03-2023
The Tribunal accepted proof of deposit for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the applicant's application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily liable to pay delay interest (MCLR+1%) to the allottee for the period between 26.06.2017 and 22.11.2019. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% per annum.
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 liable to pay delay interest (MCLR+1%) to the allottee for the period between 26.06.2017 and 22.11.2019.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 26.06.2017 to 22.11.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shikhar Srivastava
Respondent Advocate(s)
- Madhusudan Srivastava
- Vivek Kumar
Official RERA Tribunal Orders (2)
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatorily liable to pay delay interest (MCLR+1%) to the allottee for the period between 26.06.2017 and 22.11.2019.
The Tribunal accepted proof of deposit for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the applicant's application for condonation of delay.
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