Appellant / Complainant
Hawelia Builders Pvt. Ltd.
Respondent
Ranjeet Prasad, Anr.
hawelia builders pvt. ltd.
₹42,36,750
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 0901126012892020 by Hawelia Builders Pvt. Ltd. against Ranjeet Prasad, Anr. before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees.
Part Heard
The Tribunal heard arguments from the counsel for both parties and reserved the judgment for a later date.
Part Heard
The Tribunal adjourned the matter due to lack of time and scheduled the next hearing for January 17, 2023.
Part Heard
The Tribunal outlines terms for a potential settlement regarding interest payments, directing the parties to calculate interest based on the temporary OC date and possession delays, while noting that the respondent will not pay interest on balance amounts during litigation.
Part Heard
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for 18.10.2022.
Part Heard
The parties expressed an intent to settle the dispute, with specific terms regarding the Temporary Occupancy Certificate (TOC) as the cutoff date for interest calculation. The Tribunal directed both parties to file a settlement deed and appear on the next scheduled date.
Hearing
The Tribunal noted the ongoing arguments and directed both the appellant's authorized signatory and the respondent to appear in person on the next hearing date of 30.08.2022.
Extension of Time
The Tribunal ordered that the appeal be listed before Bench No. 2 for further hearing on August 17, 2022.
Final Hearing
The Tribunal noted that parties are negotiating an out-of-court settlement and directed both counsels to exchange and file written arguments at least seven days before the next hearing on 22.07.2022.
Final Hearing
The Tribunal condoned the 116-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the registry to register the matter as a regular appeal.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a colleague's illness and rescheduled the final hearing for 01.02.2022.
Final Hearing
The Tribunal directed the appellant to address potential deficiencies regarding compliance with Section 43(5) of the Act concerning the deposit amount required up to the issuance of the Occupancy Certificate (OC).
Final Hearing
The Tribunal has adjourned the matter to 07.12.2021 for consideration of the application for condonation of delay and subsequent hearing, following a joint request from both parties' counsels.
Final Hearing
The Tribunal noted that pleadings have been exchanged and adjourned the matter to 29.11.2021 for further proceedings.
Delay condonation
The Tribunal granted an adjournment requested by the applicant's counsel due to illness and scheduled the case for a final hearing on 10.11.2021.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the defective appeal for hearing on 05.04.2021.
For Order
The Tribunal granted the appellant one week to file a reply to the respondents' objections and scheduled the matter for 19.02.2021 to consider the application for condonation of delay.
Tribunal Order #0901126012892020-30-05-2023
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees.
Tribunal Order #0901126012892020-29-03-2022
The Tribunal condoned the 116-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the registry to register the matter as a regular appeal.
Tribunal Order #0901126012892020-18-10-2022
The Tribunal outlines terms for a potential settlement regarding interest payments, directing the parties to calculate interest based on the temporary OC date and possession delays, while noting that the respondent will not pay interest on balance amounts during litigation.
Tribunal Order #0901126012892020-30-08-2022
The parties expressed an intent to settle the dispute, with specific terms regarding the Temporary Occupancy Certificate (TOC) as the cutoff date for interest calculation. The Tribunal directed both parties to file a settlement deed and appear on the next scheduled date.
Tribunal Order #0901126012892020-07-12-2021
The Tribunal directed the appellant to address potential deficiencies regarding compliance with Section 43(5) of the Act concerning the deposit amount required up to the issuance of the Occupancy Certificate (OC).
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
from 29.08.2017 till receipt of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Tushar Bahadur
Respondent Advocate(s)
- Yash Tandon
- Nirmit Srivastav
Official RERA Tribunal Orders (5)
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeals filed by Hawelia Builders Pvt. Ltd., upholding the Regulatory Authority's orders for delayed possession and interest (MCLR+1%) and directing the transfer of pre-deposited funds to UPRERA for distribution to the allottees.
The Tribunal condoned the 116-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the registry to register the matter as a regular appeal.
The Tribunal outlines terms for a potential settlement regarding interest payments, directing the parties to calculate interest based on the temporary OC date and possession delays, while noting that the respondent will not pay interest on balance amounts during litigation.
The parties expressed an intent to settle the dispute, with specific terms regarding the Temporary Occupancy Certificate (TOC) as the cutoff date for interest calculation. The Tribunal directed both parties to file a settlement deed and appear on the next scheduled date.
The Tribunal directed the appellant to address potential deficiencies regarding compliance with Section 43(5) of the Act concerning the deposit amount required up to the issuance of the Occupancy Certificate (OC).
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