Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Amit Kant Awasthi
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 0901126010602023 by U.P. Awas Evam Vikas Parishad against Amit Kant Awasthi before up_rera.
For Order
The Tribunal directed the Registry to submit a report regarding the appellant's claim of compliance with Section 43(5) of the RERA Act and scheduled the case for orders on 19.05.2026.
for delivery of Judgment/Order
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Delay condonation
The Tribunal condoned the delay in filing 16 defective appeals and directed their conversion into regular appeals, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required hearing the matters on merit.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and ordered the defective appeal to be listed for hearing on 16.05.2024 along with similar cases.
Delay condonation
The Tribunal listed the defective appeal for consideration of a condonation of delay application and hearing on 10.05.2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and scheduled the matter for 24.04.2024 to consider the application for condonation of delay.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the hearing for the defective appeal and application for condonation of delay on 19.03.2024.
Delay condonation
The Tribunal refers the parties to a previously passed order dated in Appeal No. D249/2023 for the relevant directions.
Delay condonation
The Tribunal has scheduled the defective appeal for consideration regarding the application for condonation of delay and a subsequent hearing on 22.02.2024.
Delay condonation
The Tribunal granted the appellant a 10-day extension to file a reply to the respondent's objections and scheduled the matter for hearing on November 1, 2023.
Delay condonation
The Tribunal granted the appellant one week's time to file a reply to the objections submitted by the respondent and scheduled the next hearing for 19.09.2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the matter for hearing on July 31, 2023.
Tribunal Order #0901126010602023-12-06-2024
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Tribunal Order #0901126010602023-29-05-2024
The Tribunal condoned the delay in filing 16 defective appeals and directed their conversion into regular appeals, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required hearing the matters on merit.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anurag Singh
Respondent Advocate(s)
- Azhar Ikram
- Pramod Mitra
Official RERA Tribunal Orders (2)
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
The Tribunal condoned the delay in filing 16 defective appeals and directed their conversion into regular appeals, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required hearing the matters on merit.
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