Appellant / Complainant
Yamuna Expressway Industrial Development Authority
Respondent
Ravindra Kumar
Partial
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 0901126015152020 by Yamuna Expressway Industrial Development Authority against Ravindra Kumar before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partially allowed the appeal by modifying the interest rate for delayed possession from 6% to 4% per annum for the period of 21.10.2013 to 30.04.2016, while upholding the MCLR+1% rate thereafter and directing the transfer of pre-deposited funds to the Regulatory Authority for disbursement.
Final Hearing
The Tribunal heard arguments regarding the calculation of interest rates for delayed possession under the allotment terms versus RERA provisions and has reserved its judgment.
Further Hearing
The Tribunal has issued a routine procedural order to list the appeal on 05.12.2022.
Further Hearing
The Tribunal granted the appellant's counsel one week's time to ensure compliance with the previous order dated 23.09.2022 and scheduled the next hearing for 09.11.2022.
Final Hearing
The Tribunal adjourned the appeal to 29.09.2022 to allow the respondent time to review Supreme Court judgments and for the appellant to submit relevant documents regarding land acquisition litigation.
Final Hearing
The Tribunal directed the Appellant's counsel to clarify why the conveyance deed has not been executed and ordered the CEO of the Appellant authority to investigate officials responsible for delaying the matter.
Final Hearing
The Tribunal adjourned the appeal to 05.08.2022 because the respondent's counsel was on sanctioned leave.
Final Hearing
The Tribunal directed the appellant to submit additional facts regarding a Supreme Court case within 10 days and scheduled the next hearing for August 1, 2022.
Final Hearing
The Tribunal directed both parties to file a list of dates and events and scheduled the case for hearing on 12.07.2022.
Final Hearing
The Tribunal directed both parties to exchange and file lists of dates, events, and relied-upon cases within 20 days and scheduled the matter for hearing on 24.05.2022.
Final Hearing
The Tribunal scheduled the case for a hearing on 20.04.2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 20.01.2022.
Final Hearing
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder and scheduled the next hearing for December 15, 2021.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for November 30, 2021.
Hearing
The Tribunal granted the respondent three days to file objections to the appeal and directed both parties to exchange pleadings via email before the next hearing on 15.11.2021.
For Order
The matter was listed for Lok Adalat to explore a compromise, but due to non-appearance of the parties, the case has been adjourned to 08.10.2021 for hearing.
For Order
The Tribunal found the previous service of notice insufficient and directed the issuance of fresh notice to the respondent via dasti summons, with the matter listed for 15.04.2021.
For Order
The Tribunal adjourned the appeal to 23.03.2021 because advocates were abstaining from work in support of a call by the Oudh Bar Association.
For Order
The Tribunal granted the appellant's counsel one week to file an affidavit of service and rescheduled the matter for hearing on March 2, 2021.
Hearing on Appeal
The Tribunal allowed the appellant's application to amend the prayer clause of the appeal to limit the challenge specifically to the interest component of the RERA order.
Tribunal Order #0901126015152020-09-12-2022
The Appellate Tribunal partially allowed the appeal by modifying the interest rate for delayed possession from 6% to 4% per annum for the period of 21.10.2013 to 30.04.2016, while upholding the MCLR+1% rate thereafter and directing the transfer of pre-deposited funds to the Regulatory Authority for disbursement.
Tribunal Order #0901126015152020-19-11-2022
The Tribunal heard arguments regarding the calculation of interest rates for delayed possession under the allotment terms versus RERA provisions and has reserved its judgment.
Tribunal Order #0901126015152020-22-01-2021
The Tribunal allowed the appellant's application to amend the prayer clause of the appeal to limit the challenge specifically to the interest component of the RERA order.
Tribunal Order #0901126015152020-13-09-2022
The Tribunal directed the Appellant's counsel to clarify why the conveyance deed has not been executed and ordered the CEO of the Appellant authority to investigate officials responsible for delaying the matter.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partially allowed the appeal by modifying the interest rate for delayed possession from 6% to 4% per annum for the period of 21.10.2013 to 30.04.2016, while upholding the MCLR+1% rate thereafter and directing the transfer of pre-deposited funds to the Regulatory Authority for disbursement. Awarded in favor of Partial. Awarded interest rate: 4% per annum for the period 21.10.2013 to 30.04.2016 and MCLR+1% from 01.05.2016 till offer of possession.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partially allowed the appeal by modifying the interest rate for delayed possession from 6% to 4% per annum for the period of 21.10.2013 to 30.04.2016, while upholding the MCLR+1% rate thereafter and directing the transfer of pre-deposited funds to the Regulatory Authority for disbursement.
Ruling Awarded To
Partial
Awarded Interest Rate
4% per annum for the period 21.10.2013 to 30.04.2016 and MCLR+1% from 01.05.2016 till offer of possession
Interest Period
from 21.10.2013 to 30.04.2016 and from 01.05.2016 till offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Prashant Kumar
- Kushagra Dikshit
- Fuhar Gupta
Respondent Advocate(s)
- Respondent In-Person
Official RERA Tribunal Orders (4)
The Appellate Tribunal partially allowed the appeal by modifying the interest rate for delayed possession from 6% to 4% per annum for the period of 21.10.2013 to 30.04.2016, while upholding the MCLR+1% rate thereafter and directing the transfer of pre-deposited funds to the Regulatory Authority for disbursement.
The Tribunal heard arguments regarding the calculation of interest rates for delayed possession under the allotment terms versus RERA provisions and has reserved its judgment.
The Tribunal allowed the appellant's application to amend the prayer clause of the appeal to limit the challenge specifically to the interest component of the RERA order.
The Tribunal directed the Appellant's counsel to clarify why the conveyance deed has not been executed and ordered the CEO of the Appellant authority to investigate officials responsible for delaying the matter.
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