Appellant / Complainant
Ar Landcraft Llp
Respondent
Kapil Dev Sharma
ar landcraft llp
₹1,22,57,733
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 0901126013122023 by Ar Landcraft Llp against Kapil Dev Sharma before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the Adjudicating Officer exceeded its jurisdiction by granting interest as compensation and awarding rent for delayed possession.
Hearing
The court has heard the arguments from both parties and reserved the judgment for a later date.
Hearing
The Tribunal granted a request from the learned counsel for both parties to adjourn the matter and rescheduled the hearing for 26.02.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to a family issue and rescheduled the matter for February 23, 2024.
Hearing
Upon the joint request of the counsel for both parties, the matter has been adjourned and rescheduled for hearing on 22.02.2024.
Hearing
The Tribunal granted a request from the respondent's counsel to adjourn the matter, rescheduling the hearing for 21.02.2024.
Hearing
The matter is adjourned to the following day for further hearing because the respondent's counsel was unable to attend due to city restrictions.
Hearing
The Tribunal granted a request for adjournment due to the personal difficulty of the appellant's counsel and rescheduled the hearing for 19.02.2024.
Hearing
The Tribunal granted a joint request from the counsels of both parties for an adjournment to conduct research regarding compensation under Section 18(3) of the Act, rescheduling the matter for February 16, 2024.
Hearing
The Tribunal restrained the Regulatory Authority and its agencies from recovering any amounts pursuant to the impugned order dated 19.01.2023 to prevent double jeopardy, as the appellant had already complied with Section 43(5) of the Act.
For Order
The Tribunal granted the respondent 10 days to file objections to the appeal and directed the parties to exchange documents electronically and upload them to the e-portal before the next hearing on 07.11.2023.
Admission
The Tribunal issued notice to the respondent after verifying compliance with Section 43(5) of the Act and scheduled the matter for hearing on 25.05.2023.
Tribunal Order #0901126013122023-07-05-2024
The Uttar Pradesh Real Estate Appellate Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the Adjudicating Officer exceeded its jurisdiction by granting interest as compensation and awarding rent for delayed possession.
Tribunal Order #0901126013122023-18-01-2024
The Tribunal restrained the Regulatory Authority and its agencies from recovering any amounts pursuant to the impugned order dated 19.01.2023 to prevent double jeopardy, as the appellant had already complied with Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the Adjudicating Officer exceeded its jurisdiction by granting interest as compensation and awarding rent for delayed possession. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the Adjudicating Officer exceeded its jurisdiction by granting interest as compensation and awarding rent for delayed possession.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 01.07.2022 till the date of issuance of offer of possession along with OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Syed Mohammad Abid
- Rohan Malik
Respondent Advocate(s)
- Altaf Mansoor
Official RERA Tribunal Orders (2)
The Uttar Pradesh Real Estate Appellate Tribunal set aside the orders of the Adjudicating Officer in three appeals, ruling that the Adjudicating Officer exceeded its jurisdiction by granting interest as compensation and awarding rent for delayed possession.
The Tribunal restrained the Regulatory Authority and its agencies from recovering any amounts pursuant to the impugned order dated 19.01.2023 to prevent double jeopardy, as the appellant had already complied with Section 43(5) of the Act.
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