Appellant / Complainant
Rajneesh Mathur, Swati Mathur
Respondent
Shipra Estate Ltd., Anr.
shipra estate ltd.
₹32,00,580
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 0901126014582020 by Rajneesh Mathur, Swati Mathur against Shipra Estate Ltd., Anr. before up_rera.
for delivery of Judgment/Order
The Tribunal set aside direction 1(c) of the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to direct the appellants to pay interest to the respondent in the absence of a formal complaint or claim filed by the developer.
Hearing
The appellant challenges the Adjudicating Officer's direction regarding interest rates on payments, arguing that the officer exceeded jurisdiction by not applying compensation provisions under Sections 71 and 72 of the Act. The Tribunal has heard arguments from both parties and reserved its judgment.
Extension of Time
The Tribunal noted that the appeal was erroneously listed for today's hearing and directed it to be listed on the date previously fixed in the order dated 10.12.2021.
Final Hearing
The Tribunal directed both parties to file accurate details regarding the commencement date of the project's construction to assess the timeline for completion and possession. The matter is scheduled for final hearing on 04.01.2022.
Final Hearing
The Tribunal granted the respondent a one-week extension to comply with previous directions regarding construction commencement details, subject to a penalty cost of Rs. 5,000/-.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the final hearing for 29.11.2021.
Hearing
The Tribunal directed both parties to provide evidence regarding the commencement date of construction to accurately determine the timeline for completion and possession. The matter is scheduled for a hearing on 16.11.2021.
Hearing
The matter is adjourned due to advocates abstaining from judicial work following a call by the Bar Council of U.P., with the case rescheduled for final hearing on 27.10.2021.
Delay condonation
The Tribunal condoned a 66-day delay in filing the appeal due to COVID-19 pandemic restrictions and Supreme Court guidelines, directing the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the applicants one week to file a reply to the respondent's objections and directed them to serve copies via email and file the original in the Registry before the next hearing.
Delay condonation
The Tribunal granted the applicant 10 days to file a reply and directed both parties to upload their objections on the e-portal and file originals in the Registry before the next hearing on 12.03.2021.
For Order
The Tribunal granted the respondents two weeks to file objections to the grounds of appeal and scheduled the next hearing for February 23, 2021, to consider the application for condonation of delay.
For Order
The court noted that the case was erroneously listed today and directed that it be listed on its previously scheduled date of 08.02.2021.
Hearing
The Tribunal granted the respondents a final two-week extension to file objections and grounds of appeal, warning that the matter may proceed ex-parte if they fail to appear at the next hearing.
Tribunal Order #0901126014582020-29-11-2021
The Tribunal granted the respondent a one-week extension to comply with previous directions regarding construction commencement details, subject to a penalty cost of Rs. 5,000/-.
Tribunal Order #0901126014582020-27-10-2021
The Tribunal directed both parties to provide evidence regarding the commencement date of construction to accurately determine the timeline for completion and possession. The matter is scheduled for a hearing on 16.11.2021.
Tribunal Order #0901126014582020-20-09-2021
The Tribunal condoned a 66-day delay in filing the appeal due to COVID-19 pandemic restrictions and Supreme Court guidelines, directing the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126014582020-24-03-2022
The Tribunal set aside direction 1(c) of the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to direct the appellants to pay interest to the respondent in the absence of a formal complaint or claim filed by the developer.
Tribunal Order #0901126014582020-10-12-2021
The Tribunal directed both parties to file accurate details regarding the commencement date of the project's construction to assess the timeline for completion and possession. The matter is scheduled for final hearing on 04.01.2022.
Tribunal Order #0901126014582020-04-01-2022
The appellant challenges the Adjudicating Officer's direction regarding interest rates on payments, arguing that the officer exceeded jurisdiction by not applying compensation provisions under Sections 71 and 72 of the Act. The Tribunal has heard arguments from both parties and reserved its judgment.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside direction 1(c) of the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to direct the appellants to pay interest to the respondent in the absence of a formal complaint or claim filed by the developer. Awarded in favor of Appellant. Awarded interest rate: SBI's MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside direction 1(c) of the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to direct the appellants to pay interest to the respondent in the absence of a formal complaint or claim filed by the developer.
Ruling Awarded To
Appellant
Awarded Interest Rate
SBI's MCLR+1%
Interest Period
from 01.05.2017 to 24.05.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amitesh Pratap Singh
Respondent Advocate(s)
- A.K. Srivastava
- Amitabh Tewari
Official RERA Tribunal Orders (6)
The Tribunal granted the respondent a one-week extension to comply with previous directions regarding construction commencement details, subject to a penalty cost of Rs. 5,000/-.
The Tribunal directed both parties to provide evidence regarding the commencement date of construction to accurately determine the timeline for completion and possession. The matter is scheduled for a hearing on 16.11.2021.
The Tribunal condoned a 66-day delay in filing the appeal due to COVID-19 pandemic restrictions and Supreme Court guidelines, directing the Registry to convert the defective appeal into a regular appeal.
The Tribunal set aside direction 1(c) of the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to direct the appellants to pay interest to the respondent in the absence of a formal complaint or claim filed by the developer.
The Tribunal directed both parties to file accurate details regarding the commencement date of the project's construction to assess the timeline for completion and possession. The matter is scheduled for final hearing on 04.01.2022.
The appellant challenges the Adjudicating Officer's direction regarding interest rates on payments, arguing that the officer exceeded jurisdiction by not applying compensation provisions under Sections 71 and 72 of the Act. The Tribunal has heard arguments from both parties and reserved its judgment.
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