Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Mahendra Kumar Pandey
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 0901126015152023 by U.P. Awas Evam Vikas Parishad against Mahendra Kumar Pandey 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 condoned the delay in filing 16 defective appeals, ruling that since the jurisdiction of the Adjudicating Officer was being challenged, substantial justice should prevail over technical limitations. Consequently, the Registry was directed to convert these defective appeals into regular appeals.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the defective appeal, along with similar cases, for hearing 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 requested by the respondent's counsel on health grounds and scheduled the defective appeal for consideration of a condonation of delay application on 24.04.2024.
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
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 that the orders for this matter are contained in the order previously passed in Appeal No. D249/2023.
Delay condonation
The Tribunal granted a request for an adjournment and scheduled the hearing for the defective appeal, including the application for condonation of delay, for 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 hearing on 10.08.2023 to consider an application for condonation of delay.
For Order
The Tribunal recorded the respondent's undertaking to file objections within 10 days and scheduled the appeal for a hearing on 30.05.2023.
Delay condonation
The Tribunal granted the respondent three days to file objections against the appeal and directed that a soft copy be emailed to the appellant's counsel within two days.
Tribunal Order #0901126015152023-29-05-2024
The Tribunal condoned the delay in filing 16 defective appeals, ruling that since the jurisdiction of the Adjudicating Officer was being challenged, substantial justice should prevail over technical limitations. Consequently, the Registry was directed to convert these defective appeals into regular appeals.
Tribunal Order #0901126015152023-12-06-2024
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 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 condoned the delay in filing 16 defective appeals, ruling that since the jurisdiction of the Adjudicating Officer was being challenged, substantial justice should prevail over technical limitations. Consequently, the Registry was directed to convert these defective appeals into regular appeals.
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.
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