Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Kavita Rani
₹23,59,240
Partial
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 0901126011692023 by U.P. Awas Evam Vikas Parishad against Kavita Rani before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, upholding the compensation of Rs. 1 lac for Rs. 1 lac to be paid by the appellant/promoter to the respondent/allottee due to misrepresentation regarding land encumbrances, but setting aside the order for delay interest as the Adjudicating Officer lacks jurisdiction over such subject matter.
Hearing
The Tribunal heard arguments from the appellant's counsel regarding Appeal-178/2023 and has reserved its judgment.
Hearing
The Tribunal noted a clerical error regarding the name of the respondent's advocate and scheduled the appeal for hearing on 18.10.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on personal grounds and scheduled the appeal for hearing on 20.09.2024, noting that no further extensions will be granted.
Hearing
The Tribunal noted that the matter is proceeding ex parte against the respondent and scheduled the appeal for hearing on 20.08.2024.
Notice
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections despite being served notice, and scheduled an ex parte hearing for July 30, 2024.
Notice
The Tribunal granted the respondent a one-week extension to file objections to the grounds of appeal and warned that the matter will proceed ex parte if no appearance or objection is made by the next hearing on 30.04.2024.
Notice
The Tribunal ruled that service of notice to the respondent via email and WhatsApp is sufficient and granted the respondent 10 days to file objections.
Notice
The Tribunal granted the applicant three days to file an affidavit of service and scheduled the appeal for orders on 21.02.2024.
Defect Removal
The Tribunal directed the conversion of the appeal into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements and ordered the issuance of notice to the respondent.
Tribunal Order #0901126011692023-02-12-2024
The Tribunal partially allowed the appeal, upholding the compensation of Rs. 1 lac for Rs. 1 lac to be paid by the appellant/promoter to the respondent/allottee due to misrepresentation regarding land encumbrances, but setting aside the order for delay interest as the Adjudicating Officer lacks jurisdiction over such subject matter.
Tribunal Order #0901126011692023-21-02-2024
The Tribunal ruled that service of notice to the respondent via email and WhatsApp is sufficient and granted the respondent 10 days to file objections.
Tribunal Order #0901126011692023-23-03-2023
The Tribunal directed the conversion of the appeal into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements and ordered the issuance of notice to the respondent.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, upholding the compensation of Rs. 1 lac for Rs. 1 lac to be paid by the appellant/promoter to the respondent/allottee due to misrepresentation regarding land encumbrances, but setting aside the order for delay interest as the Adjudicating Officer lacks jurisdiction over such subject matter. Awarded in favor of Partial.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, upholding the compensation of Rs. 1 lac for Rs. 1 lac to be paid by the appellant/promoter to the respondent/allottee due to misrepresentation regarding land encumbrances, but setting aside the order for delay interest as the Adjudicating Officer lacks jurisdiction over such subject matter.
Ruling Awarded To
Partial
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Mohd. Imran Khan
Official RERA Tribunal Orders (3)
The Tribunal partially allowed the appeal, upholding the compensation of Rs. 1 lac for Rs. 1 lac to be paid by the appellant/promoter to the respondent/allottee due to misrepresentation regarding land encumbrances, but setting aside the order for delay interest as the Adjudicating Officer lacks jurisdiction over such subject matter.
The Tribunal ruled that service of notice to the respondent via email and WhatsApp is sufficient and granted the respondent 10 days to file objections.
The Tribunal directed the conversion of the appeal into a regular appeal following the appellant's compliance with Section 43(5) deposit requirements and ordered the issuance of notice to the respondent.
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