Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Samasuddoha
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 0901126015112023 by U.P. Awas Evam Vikas Parishad against Samasuddoha 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 that claims for structural defects must first be brought to the promoter's notice.
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 ordered the defective appeal to be listed for hearing on 16.05.2024.
Delay condonation
The Tribunal has scheduled the defective appeal for consideration of a condonation of delay application and a hearing on May 10, 2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and scheduled the hearing for the application for condonation of delay for 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
The Tribunal refers the matter to a previously passed order dated in Appeal No. D249/2023 for further directions.
Delay condonation
The Tribunal directs the parties to refer to the order previously passed in Appeal No. D249/2023 for the relevant directives.
Delay condonation
The Tribunal granted a request for an adjournment and scheduled the hearing for the defective appeal regarding 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 scheduled the case for hearing on August 10, 2023, specifically to consider an application for condonation of delay.
For Order
The Tribunal granted the respondent 10 days to file objections to the appeal and scheduled the next hearing for May 30, 2023.
Admission
The Tribunal granted the respondent three days to file objections against the grounds of appeal and scheduled the matter for hearing on 18.04.2023 alongside similar cases regarding interest in lieu of compensation.
Tribunal Order #0901126015112023-12-06-2024
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 that claims for structural defects must first be brought to the promoter's notice.
Tribunal Order #0901126015112023-29-05-2024
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 that claims for structural defects must first be brought to the promoter's notice. 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 that claims for structural defects must first be brought to the promoter's notice.
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 that claims for structural defects must first be brought to the promoter's notice.
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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