Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Om Prakash Ram
₹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 0901126015132023 by U.P. Awas Evam Vikas Parishad against Om Prakash Ram 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 domain under Section 18(1).
Delay condonation
The Tribunal condoned a 15-day delay in filing the appeal, ruling that since the challenge involves a fundamental question of whether the Adjudicating Officer had jurisdiction to grant delay interest, the matter must be heard on its merits to prevent a miscarriage of justice.
Delay condonation
The Tribunal granted a joint request from the counsels to list this defective appeal for hearing on 07.08.2024, alongside connected matters.
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 listed the defective appeal for consideration of a delay condonation application and hearing on 10.05.2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and scheduled the matter for hearing on 24.04.2024 to consider the application for condonation of delay.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the hearing for the defective appeal and application for condonation of delay on 19.03.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the matter for hearing on 05.03.2024, with a strict warning that no further adjournments will be permitted.
Delay condonation
The Tribunal has granted a request from both parties to list this defective appeal along with several similar matters on 22.02.2024 for the consideration of an application for condonation of delay.
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 granted the respondent 10 days to file objections against the application for condonation of delay and directed that the matter be listed for hearing on 10.08.2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for May 30, 2023.
Delay condonation
The Tribunal granted the respondent three days to file objections against the grounds of appeal and directed them to provide a soft copy to the appellant's counsel within two days.
Tribunal Order #0901126015132023-08-11-2024
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 domain under Section 18(1).
Tribunal Order #0901126015132023-07-08-2024
The Tribunal condoned a 15-day delay in filing the appeal, ruling that since the challenge involves a fundamental question of whether the Adjudicating Officer had jurisdiction to grant delay interest, the matter must be heard on its merits to prevent a miscarriage of justice.
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 domain under Section 18(1). 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 domain under Section 18(1).
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 (2)
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 domain under Section 18(1).
The Tribunal condoned a 15-day delay in filing the appeal, ruling that since the challenge involves a fundamental question of whether the Adjudicating Officer had jurisdiction to grant delay interest, the matter must be heard on its merits to prevent a miscarriage of justice.
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