Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Arun Kumar
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 0901126010642023 by U.P. Awas Evam Vikas Parishad against Arun Kumar before up_rera.
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 by U.P. Awas Evam Vikas Parishad, ruling that since the underlying orders were prima facie passed without jurisdiction, the interest of justice requires hearing the merits rather than dismissing them on technical limitation grounds.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the defective appeal for hearing on 16.05.2024.
Delay condonation
The Tribunal listed the defective appeal for consideration of a delay condonation application and hearing on May 10, 2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and scheduled the hearing for the application for condonation of delay for 24.04.2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the hearing for the defective appeal, including the application for condonation of delay, for 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 granted a request to list the defective appeal for consideration of the application for condonation of delay on 22.02.2024.
Delay condonation
The Tribunal granted the appellant 10 days 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 respondent's objections and scheduled the next hearing for 19.09.2023.
Delay condonation
The Tribunal noted the appellant's compliance with Section 43(5) regarding the deposit of Rs. 3,73,849/- and granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal.
Tribunal Order #0901126010642023-12-06-2024
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 #0901126010642023-29-05-2024
The Tribunal condoned the delay in filing 16 defective appeals by U.P. Awas Evam Vikas Parishad, ruling that since the underlying orders were prima facie passed without jurisdiction, the interest of justice requires hearing the merits rather than dismissing them on technical limitation grounds.
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)
- 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 by U.P. Awas Evam Vikas Parishad, ruling that since the underlying orders were prima facie passed without jurisdiction, the interest of justice requires hearing the merits rather than dismissing them on technical limitation grounds.
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