Appellant / Complainant
Balaji Enterprises
Respondent
Deepika Tiwari
balaji enterprises
₹46,25,000
Appellant
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 0901126010102023 by Balaji Enterprises against Deepika Tiwari before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority.
Hearing
The Tribunal heard arguments regarding whether an Adjudicating Officer has the jurisdiction to grant interest for delayed possession after a property has already been handed over. The judgment on this jurisdictional issue has been reserved.
Hearing
The Tribunal has scheduled a defective appeal for the consideration of an application for condonation of delay and a subsequent hearing on 19.07.2023.
Delay condonation
The Tribunal condoned the 8-day delay in filing the appeal, allowed the application for condonation of delay, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for May 4, 2023, to consider the application for condonation of delay.
Delay condonation
The Tribunal issued notice to the respondent following the appellant's compliance with Section 43(5) of the Act and established a procedural timeline for service of notice and filing of objections.
Tribunal Order #0901126010102023-02-08-2023
The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority.
Tribunal Order #0901126010102023-19-07-2023
The Tribunal heard arguments regarding whether an Adjudicating Officer has the jurisdiction to grant interest for delayed possession after a property has already been handed over. The judgment on this jurisdictional issue has been reserved.
Tribunal Order #0901126010102023-17-07-2023
The Tribunal condoned the 8-day delay in filing the appeal, allowed the application for condonation of delay, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 19.07.2021 to 22.12.2022 (excluding the period of six months for COVID-19)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shuchita Singh
Respondent Advocate(s)
- Respondent In-Person
Official RERA Tribunal Orders (3)
The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority.
The Tribunal heard arguments regarding whether an Adjudicating Officer has the jurisdiction to grant interest for delayed possession after a property has already been handed over. The judgment on this jurisdictional issue has been reserved.
The Tribunal condoned the 8-day delay in filing the appeal, allowed the application for condonation of delay, and directed the Registry to convert the defective appeal into a regular appeal.
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