Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Vinod Mitra
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 0901126010752023 by U.P. Awas Evam Vikas Parishad against Vinod Mitra 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, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required converting the defective appeals into regular appeals for merit-based examination.
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 a hearing on 10.05.2024.
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 and application for condonation of delay on 19.03.2024.
Defect Removal
The Tribunal refers the parties to a previous order passed in Appeal No. D249/2023 regarding the current matter.
Defect Removal
The Tribunal has scheduled the defective appeal for consideration of the application for condonation of delay and subsequent hearing on 22.02.2024.
Defect Removal
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, regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant a one-week extension 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. 3,75,771/- and granted the respondent 10 days to file objections to the condonation of delay application and the grounds of appeal.
Tribunal Order #0901126010752023-12-06-2024
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 #0901126010752023-29-05-2024
The Tribunal condoned the delay in filing 16 defective appeals, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required converting the defective appeals into regular appeals for merit-based examination.
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, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required converting the defective appeals into regular appeals for merit-based examination.
Need to research all rulings for a builder?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.