Appellant / Complainant
New Okhla Development Authority
Respondent
Preeti Agarwal
₹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 0901126011602021 by New Okhla Development Authority against Preeti Agarwal before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the Regulatory Authority's order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to UPRERA for disbursement to the allottee.
Ex-Parte
The Tribunal directed the Registry to convert a defective appeal into a Regular Appeal and proceeded to hear oral arguments from the appellant regarding the challenge against the Regulatory Authority's order, subsequently reserving judgment.
Delay condonation
The Tribunal condoned the delay in filing the appeal by invoking the Supreme Court's Suo Moto orders regarding limitation extensions and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal deemed service upon the respondent sufficient via speed post and e-portal notification, granting the respondent 10 days to file objections to the condonation of delay application and grounds of appeal.
Delay condonation
The Tribunal granted a one-week extension to the appellant's counsel to file an affidavit of service and adjourned the matter to 26.05.2022 due to a request for adjournment based on personal difficulty.
Delay condonation
The Tribunal issued fresh notice to the respondent and outlined specific procedural steps for service of notice via speed-post and email, scheduling the next hearing for 10.05.2022.
Notice
The Tribunal granted the appellant a one-week extension to file an affidavit of service and rescheduled the defective appeal for hearing on 07.04.2022.
Notice
The Tribunal issued a fresh notice to the respondent due to insufficient postal stamps and directed the applicant to serve the notice and appeal documents via speed post and email.
Compliance of section 43(5)
The Tribunal issued notice to the respondent and scheduled a hearing for January 13, 2021, to address the disposal of the limitation application and any related objections.
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.
Defect Removal
The Tribunal issued notice to the respondent regarding the amount deposited by the applicant under Section 43(5) of the Act and scheduled the matter for 22.11.2021 to determine the payable amount.
Defect Removal
The Tribunal allowed an application for amendment to the prayer clause and issued a strict directive that the appeal will be dismissed if the appellant fails to comply with Section 43(5) of the Act and file the required CA certificate by the next hearing.
Defect Removal
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 case for hearing on 26.03.2021.
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 will 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 a one-week extension to remove registry defects and scheduled the matter for hearing on 23.02.2021.
Tribunal Order #0901126011602021-27-09-2022
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the Regulatory Authority's order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to UPRERA for disbursement to the allottee.
Tribunal Order #0901126011602021-26-07-2022
The Tribunal condoned the delay in filing the appeal by invoking the Supreme Court's Suo Moto orders regarding limitation extensions and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126011602021-22-11-2021
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 #0901126011602021-05-10-2021
The Tribunal allowed an application for amendment to the prayer clause and issued a strict directive that the appeal will be dismissed if the appellant fails to comply with Section 43(5) of the Act and file the required CA certificate by the next hearing.
Tribunal Order #0901126011602021-27-07-2022
The Tribunal directed the Registry to convert a defective appeal into a Regular Appeal and proceeded to hear oral arguments from the appellant regarding the challenge against the Regulatory Authority's order, subsequently reserving judgment.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the Regulatory Authority's order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to UPRERA 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 Regulatory Authority's order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to UPRERA 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
Official RERA Tribunal Orders (5)
The Appellate Tribunal dismissed the appeal filed by New Okhla Development Authority, upholding the Regulatory Authority's order for interest on delayed possession and directing the transfer of the promoter's pre-deposited amount to UPRERA for disbursement to the allottee.
The Tribunal condoned the delay in filing the appeal by invoking the Supreme Court's Suo Moto orders regarding limitation extensions 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 allowed an application for amendment to the prayer clause and issued a strict directive that the appeal will be dismissed if the appellant fails to comply with Section 43(5) of the Act and file the required CA certificate by the next hearing.
The Tribunal directed the Registry to convert a defective appeal into a Regular Appeal and proceeded to hear oral arguments from the appellant regarding the challenge against the Regulatory Authority's order, subsequently reserving judgment.
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