Appellant / Complainant
Amar Nath Gupta
Respondent
U.P. Awas Evam Vikas Parishad
₹6,24,442
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 0901126011112022 by Amar Nath Gupta against U.P. Awas Evam Vikas Parishad before up_rera.
Hearing
The Tribunal set aside the Adjudicating Officer's order and rejected the original complaint as not maintainable because it sought interest and refunds rather than compensation, while granting the appellant liberty to approach the Regulatory Authority for relief.
Hearing
The Tribunal has ordered the appeal to be listed for a subsequent hearing on 21.10.2022 due to lack of time.
Exchange of pleadings
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and scheduled the appeal for hearing on 29.09.2022.
Delay condonation
The Tribunal condoned a 102-day delay in filing the appeal due to COVID-19 pandemic relaxations granted by the Supreme Court and directed the appellant to file a rejoinder against the respondent's reply.
to file objections and its reply
The Tribunal noted that pleadings have been exchanged and scheduled the matter for August 5, 2022, to consider an application for condonation of delay and proceed with the hearing.
Notice
The Tribunal directed the exchange of documents regarding the application for condonation of delay and the memo of appeal between the parties, with a subsequent hearing scheduled for 30.05.2022.
Defect Removal
The Tribunal granted the applicant three days to remove registry defects and issued notice to the respondent, scheduling the matter for 02.05.2022 to consider the application for condonation of delay.
Tribunal Order #0901126011112022-21-10-2022
The Tribunal set aside the Adjudicating Officer's order and rejected the original complaint as not maintainable because it sought interest and refunds rather than compensation, while granting the appellant liberty to approach the Regulatory Authority for relief.
Tribunal Order #0901126011112022-05-08-2022
The Tribunal condoned a 102-day delay in filing the appeal due to COVID-19 pandemic relaxations granted by the Supreme Court and directed the appellant to file a rejoinder against the respondent's reply.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order and rejected the original complaint as not maintainable because it sought interest and refunds rather than compensation, while granting the appellant liberty to approach the Regulatory Authority for relief. Awarded in favor of Appellant. Awarded interest rate: Avg MCLR + 2% + monthly rate.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order and rejected the original complaint as not maintainable because it sought interest and refunds rather than compensation, while granting the appellant liberty to approach the Regulatory Authority for relief.
Ruling Awarded To
Appellant
Awarded Interest Rate
Avg MCLR + 2% + monthly rate
Interest Period
45 months
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surangama Sharma
Respondent Advocate(s)
- N N Pandey
Official RERA Tribunal Orders (2)
The Tribunal set aside the Adjudicating Officer's order and rejected the original complaint as not maintainable because it sought interest and refunds rather than compensation, while granting the appellant liberty to approach the Regulatory Authority for relief.
The Tribunal condoned a 102-day delay in filing the appeal due to COVID-19 pandemic relaxations granted by the Supreme Court and directed the appellant to file a rejoinder against the respondent's reply.
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