Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Ajit Kant Awasthi, Amit Awasthi
₹30,00,000
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 0901126010612023 by U.P. Awas Evam Vikas Parishad against Ajit Kant Awasthi, Amit Awasthi before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not adjudication under Section 71.
Delay condonation
The Tribunal condoned a 126-day delay in filing the appeal, ruling that because the challenge involves a fundamental question of subject-matter jurisdiction regarding interest grants, the delay should be excused to allow for a merit-based decision.
Delay condonation
The Tribunal adjourned the appeal to 09.08.2024 for orders/hearing following a request from the appellant's counsel.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to his unavailability and scheduled the defective appeal for hearing on 11.07.2024.
Delay condonation
The Tribunal noted that the respondent has filed objections to the appeal and directed the appellant to file a reply within one week of receiving said objections, scheduling the next hearing for 14.05.2024.
Delay condonation
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and grounds of appeal, scheduling the matter for hearing on 12.04.2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and scheduled the matter for hearing on March 7, 2024.
Delay condonation
The Tribunal granted the respondent's counsel one week to file a reply to the objections and scheduled the defective appeal for hearing on February 1, 2024.
Delay condonation
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 12.10.2023.
Delay condonation
The Tribunal directed the verification of a statutory deposit made by the appellant under Section 43(5) and ordered notice to be issued to the respondent regarding the application for condonation of delay, with the matter listed for hearing on 04.09.2023.
Tribunal Order #0901126010612023-08-11-2024
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not adjudication under Section 71.
Tribunal Order #0901126010612023-09-08-2024
The Tribunal condoned a 126-day delay in filing the appeal, ruling that because the challenge involves a fundamental question of subject-matter jurisdiction regarding interest grants, the delay should be excused to allow for a merit-based decision.
Tribunal Order #0901126010612023-13-07-2023
The Tribunal directed the verification of a statutory deposit made by the appellant under Section 43(5) and ordered notice to be issued to the respondent regarding the application for condonation of delay, with the matter listed for hearing on 04.09.2023.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not adjudication under Section 71. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not adjudication under Section 71.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 02-06-2017 to 20-11-2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anurag Singh
Respondent Advocate(s)
- Pramod Mitra
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had awarded interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not adjudication under Section 71.
The Tribunal condoned a 126-day delay in filing the appeal, ruling that because the challenge involves a fundamental question of subject-matter jurisdiction regarding interest grants, the delay should be excused to allow for a merit-based decision.
The Tribunal directed the verification of a statutory deposit made by the appellant under Section 43(5) and ordered notice to be issued to the respondent regarding the application for condonation of delay, with the matter listed for hearing on 04.09.2023.
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