Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Om Prakash Yadav
u.p. awas evam vikas parishad
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 0901126010692023 by U.P. Awas Evam Vikas Parishad against Om Prakash Yadav 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 and directed the Registry to convert them into regular appeals, noting that the impugned orders prima facie appeared to be passed without jurisdiction.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the defective appeal, along with similar cases, for hearing on 16.05.2024.
Delay condonation
The Tribunal has scheduled the defective appeal for consideration of a condonation of delay application and a hearing on 10.05.2024.
Delay condonation
The Tribunal noted a request for adjournment from the respondent's counsel on health grounds and scheduled the defective appeal for consideration of the delay condonation application on 24.04.2024.
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.
For Order
The order is a procedural reference directing the parties to refer to a previously passed order dated in Appeal No. D249/2023.
For Order
The Tribunal refers the parties to a previous order passed in Appeal No. D249/2023 regarding the current matter.
For Order
The Tribunal granted a request for an adjournment after the appellant's counsel confirmed service of the reply to the respondent and scheduled the hearing for 09.11.2023.
For Order
The Tribunal granted the appellant one week to file a reply to the respondent's objection and scheduled the next hearing for 26.09.2023.
For Order
The court granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for August 16, 2023.
Defect Removal
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay and set a returnable date of 31.05.2023.
Tribunal Order #0901126010692023-29-05-2024
The Tribunal condoned the delay in filing 16 defective appeals and directed the Registry to convert them into regular appeals, noting that the impugned orders prima facie appeared to be passed without jurisdiction.
Tribunal Order #0901126010692023-12-06-2024
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 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 condoned the delay in filing 16 defective appeals and directed the Registry to convert them into regular appeals, noting that the impugned orders prima facie appeared to be passed without jurisdiction.
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.
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