Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Seema Tiwari
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 0901126010732023 by U.P. Awas Evam Vikas Parishad against Seema Tiwari 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 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 scheduled the defective appeal for hearing on 16.05.2024.
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 defective appeal for consideration of a condonation of delay 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.
Delay condonation
The court refers the parties to a previously passed order dated in Appeal No. D249/2023 for the relevant directions.
Delay condonation
The Tribunal refers the parties to a previous order passed in Appeal No. D249/2023 regarding the current matter.
Delay condonation
The Tribunal granted a request for an adjournment and scheduled the hearing for the application for condonation of delay on 09.11.2023.
Delay condonation
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.
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 16.08.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay and directed specific procedural steps for service of notice and filing of objections.
Tribunal Order #0901126010732023-12-06-2024
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 #0901126010732023-29-05-2024
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)
- 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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