Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Akhilesh Kumar
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 0901126013972023 by U.P. Awas Evam Vikas Parishad against Akhilesh Kumar before up_rera.
Hearing
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017.
for delivery of Judgment/Order
The Tribunal condoned the delay in filing five defective appeals, ruling that when an order is challenged on the grounds of lack of jurisdiction, a liberal approach to condonation of delay should be taken to ensure substantial justice and prevent meritorious matters from being dismissed on technicalities.
For Order
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its judgment on the matter.
For Order
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the appeal for hearing on 09.09.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the hearing for the application for condonation of delay on 07.08.2024.
For Order
The Tribunal noted the illness of the appellant's counsel and scheduled the defective appeal for consideration regarding the application for condonation of delay on 08.07.2024.
For Order
The Tribunal adjourned the matter to May 3, 2024, for consideration of a delay condonation application, noting that pleadings have been exchanged and the respondent's counsel was unavailable due to illness.
For Order
The Tribunal has revised the list and scheduled a hearing for April 2, 2024, to consider the condonation of delay in this defective appeal.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for consideration of the condonation of delay application on 27.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.
Delay condonation
The Tribunal granted a final 10-day extension to the respondent to file their Vakalatnama and objections, warning that the matter will proceed ex-parte if they fail to appear on the next date.
Delay condonation
The Tribunal adjourned the defective appeal and scheduled it for further orders or hearing on 13.07.2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections regarding the application for condonation of delay and scheduled the matter for consideration on May 31, 2023.
Tribunal Order #0901126013972023-14-11-2024
The Tribunal condoned the delay in filing five defective appeals, ruling that when an order is challenged on the grounds of lack of jurisdiction, a liberal approach to condonation of delay should be taken to ensure substantial justice and prevent meritorious matters from being dismissed on technicalities.
Tribunal Order #0901126013972023-06-01-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017. Awarded in favor of Partial. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1% per annum
Interest Period
w.e.f. 27.08.2015 to 25.07.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Akhand Pratap Singh
- Vijay Pratap Singh Chauhan
Respondent Advocate(s)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (2)
The Tribunal condoned the delay in filing five defective appeals, ruling that when an order is challenged on the grounds of lack of jurisdiction, a liberal approach to condonation of delay should be taken to ensure substantial justice and prevent meritorious matters from being dismissed on technicalities.
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at MCLR+1% per annum for the period from 27.08.2015 to 25.07.2017.
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