Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Radhika Prasad Dubey
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 0901126015062023 by U.P. Awas Evam Vikas Parishad against Radhika Prasad Dubey before up_rera.
for delivery of Judgment/Order
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and must instead leave such mechanical calculations to the Regulatory Authority.
Delay condonation
The Tribunal proceeded to examine the issues based on the appellant's submissions due to the respondent's non-appearance and subsequently reserved judgment regarding whether interest for delay in possession should be determined by the Regulatory Authority rather than the Adjudicating Officer.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and directed that this defective appeal be listed alongside similar cases on 16.05.2024.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for consideration of a delay condonation application on 10.05.2024.
Delay condonation
The Tribunal granted an adjournment due to the respondent's counsel's health and scheduled the defective appeal for consideration of the delay condonation application on 24.04.2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for hearing on 19.03.2024.
Delay condonation
This is a procedural order directing the parties to refer to a previously passed order dated in Appeal No. D249/2023.
Delay condonation
The Tribunal directs the parties to refer to the order previously passed in Appeal No. D249/2023 for the substantive directions.
Delay condonation
The Tribunal granted a request for an adjournment and scheduled the hearing for the application for condonation of delay on 09.11.2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections regarding the application for condonation of delay and scheduled the matter for hearing on 26.09.2023.
Delay condonation
The Tribunal listed the case for 10.08.2023 to consider an application for condonation of delay and for a hearing.
For Order
The Tribunal recorded the respondent's undertaking to file objections within 10 days and scheduled the appeal for a hearing on May 30, 2023.
Admission
The Tribunal granted the respondent three days to file objections against the appeal and directed them to provide a soft copy to the appellant via email.
Tribunal Order #0901126015062023-12-06-2024
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and must instead leave such mechanical calculations to the Regulatory Authority.
Tribunal Order #0901126015062023-29-05-2024
The Tribunal proceeded to examine the issues based on the appellant's submissions due to the respondent's non-appearance and subsequently reserved judgment regarding whether interest for delay in possession should be determined by the Regulatory Authority rather than the Adjudicating Officer.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and must instead leave such mechanical calculations to the Regulatory Authority. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and must instead leave such mechanical calculations to the Regulatory Authority.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anurag Singh
Respondent Advocate(s)
- Pramod Mitra
Official RERA Tribunal Orders (2)
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and must instead leave such mechanical calculations to the Regulatory Authority.
The Tribunal proceeded to examine the issues based on the appellant's submissions due to the respondent's non-appearance and subsequently reserved judgment regarding whether interest for delay in possession should be determined by the Regulatory Authority rather than the Adjudicating Officer.
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