Appellant / Complainant
New Okhla Development Authority
Respondent
Hemlata
₹1,740
Respondent
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 0901126011592021 by New Okhla Development Authority against Hemlata before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the RERA order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Final Hearing
The Tribunal heard arguments from the appellant's counsel regarding an appeal filed by New Okhla Development Authority and reserved the judgment for further delivery.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 23.11.2022, noting that no further adjournments will be permitted on that date.
Notice
The Tribunal noted the absence of both parties and ordered the appeal to be listed for hearing on 18.10.2022.
Notice
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 16.09.2022.
Notice
The Tribunal granted an adjournment requested by the appellant's counsel due to them being out of station and rescheduled the hearing for 02.09.2022.
Hearing
The Tribunal granted the respondent one week to file objections to the appeal and directed that copies of the order be sent to the respondent via email.
Hearing
The Tribunal adjourned the case to 20.07.2022 due to lawyers abstaining from work following a resolution by the Oudh Bar Association.
Delay condonation
The Tribunal condoned a 12-day delay in filing the appeal by the New Okhla Development Authority subject to a cost of Rs. 100/-, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal noted the appellant's failure to file an affidavit of service and granted a one-week extension for its submission, rescheduling the matter to 07.04.2022.
Notice
The Tribunal 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 22.03.2022.
Compliance of section 43(5)
The Tribunal noted compliance with Section 43(5) of the Act and issued notice to the respondent, scheduling the matter for January 13, 2021, to address the limitation application.
Further Order
The Tribunal granted the appellant a final opportunity to provide an Occupancy Certificate/Completion Certificate and ensure full compliance with Section 43(5) of the Act, 2016, noting that previous deposits did not constitute complete compliance.
Rest deposit Amount under 43(5) of the Act
The Tribunal noted the appellant's deposit of an amount under Section 43(5) of the Act and directed that notice be issued to the respondent to file objections. The case is scheduled for 22.11.2021 to determine the specific amount payable.
Rest deposit Amount under 43(5) of the Act
The Tribunal allowed the appellant's application for a minor amendment to the prayer clause and issued a strict directive that failure to comply with Section 43(5) of the Act and file the required CA certificate by the next hearing will result in the dismissal of the appeal.
Rest deposit Amount under 43(5) of the Act
The Tribunal granted the appellant three days to file an application for amending the prayer clause in the memo of appeal and scheduled the matter for hearing on 05.10.2021.
Defect Removal
The Tribunal granted the appellant a one-week extension to rectify registry defects and scheduled the next hearing for March 26, 2021.
Defect Removal
The Tribunal granted the applicant a final one-week extension to remove registry defects and ensure compliance with Section 43(5) of the Act, warning that failure to do so by the next hearing on 17.03.2021 may result in dismissal.
Defect Removal
The Tribunal granted the appellant 10 days to rectify registry defects and scheduled the defective appeal for further hearing on March 5, 2021.
Defect Removal
The Tribunal granted the appellant one week's time to remove procedural defects identified by the Registry and rescheduled the matter for hearing on 23.02.2021.
Tribunal Order #0901126011592021-08-12-2022
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the RERA order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Tribunal Order #0901126011592021-07-04-2022
The Tribunal condoned a 12-day delay in filing the appeal by the New Okhla Development Authority subject to a cost of Rs. 100/-, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126011592021-22-11-2021
The Tribunal granted the appellant a final opportunity to provide an Occupancy Certificate/Completion Certificate and ensure full compliance with Section 43(5) of the Act, 2016, noting that previous deposits did not constitute complete compliance.
Tribunal Order #0901126011592021-25-10-2021
The Tribunal noted the appellant's deposit of an amount under Section 43(5) of the Act and directed that notice be issued to the respondent to file objections. The case is scheduled for 22.11.2021 to determine the specific amount payable.
Tribunal Order #0901126011592021-05-10-2021
The Tribunal allowed the appellant's application for a minor amendment to the prayer clause and issued a strict directive that failure to comply with Section 43(5) of the Act and file the required CA certificate by the next hearing will result in the dismissal of the appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the RERA order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the RERA order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 02.12.2019 till the date of receipt of OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ashok Shukla
Respondent Advocate(s)
- | Counsel for Appellant ASHOK SHUKLA | |
Official RERA Tribunal Orders (5)
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the RERA order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
The Tribunal condoned a 12-day delay in filing the appeal by the New Okhla Development Authority subject to a cost of Rs. 100/-, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal granted the appellant a final opportunity to provide an Occupancy Certificate/Completion Certificate and ensure full compliance with Section 43(5) of the Act, 2016, noting that previous deposits did not constitute complete compliance.
The Tribunal noted the appellant's deposit of an amount under Section 43(5) of the Act and directed that notice be issued to the respondent to file objections. The case is scheduled for 22.11.2021 to determine the specific amount payable.
The Tribunal allowed the appellant's application for a minor amendment to the prayer clause and issued a strict directive that failure to comply with Section 43(5) of the Act and file the required CA certificate by the next hearing will result in the dismissal of the appeal.
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