Appellant / Complainant
Viraj Constructions Pvt. Ltd.
Respondent
Pramila Rai
viraj constructions pvt. ltd.
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 0901126014392023 by Viraj Constructions Pvt. Ltd. against Pramila Rai before up_rera.
for delivery of Judgment/Order
The Tribunal rejected the applicant's application for condonation of delay due to lack of sufficient cause and dismissed the appeal; consequently, it directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee.
Delay condonation
The Tribunal heard arguments regarding an application for condonation of delay in filing the appeal and has reserved its judgment.
Delay condonation
The Tribunal granted an adjournment requested by the appellant due to the illness of their arguing counsel and scheduled the matter for hearing on 10.04.2024.
Delay condonation
The Tribunal denied the appellant's request for an adjournment due to counsel's illness and directed them to make alternative arrangements, fixing the next hearing date for April 4, 2024.
Delay condonation
The Tribunal adjourned the proceedings due to the hospitalization of the appellant's arguing counsel and scheduled the matter for hearing on 15.03.2024.
Delay condonation
The matter is adjourned to 05.04.2024 because the arguing counsel for the applicant is reported to be ill.
Delay condonation
The Tribunal has ordered the appeal to be listed for a hearing on 04.03.2024.
Delay condonation
The Tribunal granted an adjournment request made on behalf of the applicant's counsel due to health grounds and rescheduled the matter for hearing on 01.03.2024.
Delay condonation
The Tribunal granted an adjournment because the counsel for the applicant is unwell with viral fever, rescheduling the matter for February 29, 2024.
Delay condonation
The Tribunal granted the respondent one week to consider the delay and rescheduled the defective appeal for consideration of condonation of delay on 02.04.2024.
Delay condonation
The Tribunal granted an adjournment of the proceedings due to a request from the applicant's counsel on health grounds and rescheduled the hearing for 27.02.2024.
Delay condonation
The Tribunal granted the appellant an adjournment to prepare arguments regarding the delay in filing the appeal and scheduled the matter for consideration of the condonation of delay on 26.02.2024.
Delay condonation
The Tribunal granted the appellant a final one-day extension to prepare their brief and make submissions, scheduling the matter for hearing on 23.02.2024.
Delay condonation
The Tribunal granted a request for adjournment due to the senior counsel's unavailability and rescheduled the matter for hearing on 22.02.2024.
Delay condonation
The Tribunal accepted a better affidavit filed by the applicant and adjourned the matter to 21.02.2024 for consideration of the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant permission to file a better affidavit during the day and scheduled the matter for hearing on 20.02.2024, noting that no further adjournments will be permitted.
Delay condonation
The Tribunal granted the appellant a final one-week extension to file an improved affidavit for the condonation of delay and scheduled the matter for hearing on 19.02.2024.
Delay condonation
The Tribunal has adjourned the matter to 12.02.2024 for consideration of an application for condonation of delay and hearing, following a joint request from both parties.
Delay condonation
The Tribunal directed the appellant to provide immediate possession to the respondent upon their appearance on 23.09.2023 to complete necessary formalities, while noting that other claims remain subject to the final outcome of the case.
Delay condonation
The Tribunal adjourned the matter to 22.09.2023 to allow the respondent to determine if they are willing to take possession of the property without the prior registration of the conveyance deed.
Delay condonation
The Tribunal adjourned the proceedings due to a Bar Council of Uttar Pradesh resolution calling for lawyers to abstain from judicial work, rescheduling the hearing for 16.10.2023.
Delay condonation
The Tribunal directed the appellant to take necessary steps for the execution of the conveyance deed and provide immediate possession to the respondent, provided she fulfills her payment obligations. The parties are scheduled to meet on 30.08.2023 to facilitate this process.
Delay condonation
The Tribunal allowed the appellant's amendment application to limit the appeal specifically to the challenge of interest, while directing parties to exchange objections and replies regarding the condonation of delay and grounds of appeal.
Delay condonation
The Tribunal granted the appellant two days to file an amendment application to clarify that they are only challenging the interest portion of the Regulatory Authority's order rather than the entire order.
Tribunal Order #0901126014392023-14-05-2024
The Tribunal rejected the applicant's application for condonation of delay due to lack of sufficient cause and dismissed the appeal; consequently, it directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee.
Tribunal Order #0901126014392023-22-09-2023
The Tribunal directed the appellant to provide immediate possession to the respondent upon their appearance on 23.09.2023 to complete necessary formalities, while noting that other claims remain subject to the final outcome of the case.
Tribunal Order #0901126014392023-23-08-2023
The Tribunal directed the appellant to take necessary steps for the execution of the conveyance deed and provide immediate possession to the respondent, provided she fulfills her payment obligations. The parties are scheduled to meet on 30.08.2023 to facilitate this process.
Tribunal Order #0901126014392023-03-04-2023
The Tribunal allowed the appellant's amendment application to limit the appeal specifically to the challenge of interest, while directing parties to exchange objections and replies regarding the condonation of delay and grounds of appeal.
Tribunal Order #0901126014392023-31-03-2023
The Tribunal granted the appellant two days to file an amendment application to clarify that they are only challenging the interest portion of the Regulatory Authority's order rather than the entire order.
Tribunal Disposal & Final Award Ruling
The Tribunal rejected the applicant's application for condonation of delay due to lack of sufficient cause and dismissed the appeal; consequently, it directed the transfer of the promoter's pre-deposited amount to the U.P. RERA 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 Tribunal rejected the applicant's application for condonation of delay due to lack of sufficient cause and dismissed the appeal; consequently, it directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from promised date of possession till actual offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Avinash Chnadra
- Siddhartha Singh
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (5)
The Tribunal rejected the applicant's application for condonation of delay due to lack of sufficient cause and dismissed the appeal; consequently, it directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee.
The Tribunal directed the appellant to provide immediate possession to the respondent upon their appearance on 23.09.2023 to complete necessary formalities, while noting that other claims remain subject to the final outcome of the case.
The Tribunal directed the appellant to take necessary steps for the execution of the conveyance deed and provide immediate possession to the respondent, provided she fulfills her payment obligations. The parties are scheduled to meet on 30.08.2023 to facilitate this process.
The Tribunal allowed the appellant's amendment application to limit the appeal specifically to the challenge of interest, while directing parties to exchange objections and replies regarding the condonation of delay and grounds of appeal.
The Tribunal granted the appellant two days to file an amendment application to clarify that they are only challenging the interest portion of the Regulatory Authority's order rather than the entire order.
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