Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Amarendra Kant Pandey
₹30,00,000
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 0901126014992023 by U.P. Awas Evam Vikas Parishad against Amarendra Kant Pandey before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had granted interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not the adjudicating officer's power under Section 71.
For Order
The Tribunal condoned the delay in filing the appeal, noting that since the impugned order prima facie appeared to be passed without jurisdiction, the matter must be heard on its merits to prevent a miscarriage of justice.
For Order
The Tribunal granted a request by the appellant's counsel to list the appeal for orders or hearing on 09.08.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and scheduled the defective appeal for orders on 11.07.2024.
For Order
The Tribunal noted the filing of objections by the respondent and directed the appellant to file a reply within one week, scheduling the next hearing for 14.05.2024.
For Order
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and grounds of appeal, scheduling the next hearing for April 12, 2024.
For Order
The Tribunal granted the respondent 10 days to file objections regarding the application for condonation of delay and scheduled the matter for hearing on March 7, 2024.
Hearing
The Tribunal granted the appellant's counsel one week to file a reply to the respondent's objections and scheduled the defective appeal for hearing on 01.02.2024.
Notice
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the matter for 12.10.2023.
Delay condonation
The Tribunal directed the Accounts Department to verify a deposit of Rs. 4,07,989/- made by the appellant for compliance with Section 43(5) of the Act and issued notice to the respondent regarding an application for condonation of delay.
Tribunal Order #0901126014992023-08-11-2024
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had granted interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not the adjudicating officer's power under Section 71.
Tribunal Order #0901126014992023-09-08-2024
The Tribunal condoned the delay in filing the appeal, noting that since the impugned order prima facie appeared to be passed without jurisdiction, the matter must be heard on its merits to prevent a miscarriage of justice.
Tribunal Order #0901126014992023-13-07-2023
The Tribunal directed the Accounts Department to verify a deposit of Rs. 4,07,989/- made by the appellant for compliance with Section 43(5) of the Act and issued notice to the respondent regarding an application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had granted interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not the adjudicating officer's power under Section 71. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had granted interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not the adjudicating officer's power under Section 71.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 02-06-2017 to 20-11-2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anurag Singh
Respondent Advocate(s)
- Pramod Mitra
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside several orders passed by the Adjudicating Officer that had granted interest as compensation for delayed possession, ruling that such interest is a matter of regulatory authority jurisdiction and not the adjudicating officer's power under Section 71.
The Tribunal condoned the delay in filing the appeal, noting that since the impugned order prima facie appeared to be passed without jurisdiction, the matter must be heard on its merits to prevent a miscarriage of justice.
The Tribunal directed the Accounts Department to verify a deposit of Rs. 4,07,989/- made by the appellant for compliance with Section 43(5) of the Act and issued notice to the respondent regarding an application for condonation of delay.
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