Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Avneesh Kumar Tiwari
u.p. awas evam vikas parishad
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 0901126015192023 by U.P. Awas Evam Vikas Parishad against Avneesh Kumar Tiwari 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 and directed their conversion into regular appeals, ruling that where an order is challenged on the grounds of lack of jurisdiction, substantial justice should prevail over technical limitations.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the defective appeal 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 10.05.2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and scheduled the matter for 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 issued a procedural order directing the parties to refer to the previous order passed in Appeal No. D249/2023.
Delay condonation
The Tribunal refers the parties to a previous order passed in Appeal No. D249/2023 regarding the current matter.
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 and scheduled the matter for September 26, 2023, to consider the application for condonation of delay.
Delay condonation
The Tribunal noted the absence of the respondent's counsel due to sanctioned leave and adjourned the matter to 02.08.2023 for orders or hearing.
For Order
The Tribunal granted the respondent ten days to file a vakalatnama and objections to the appeal, with the matter scheduled for hearing on 30.05.2023.
Delay condonation
The Tribunal granted the respondent three days to file objections against the appeal and directed the case be listed on 18.04.2023.
Tribunal Order #0901126015192023-12-06-2024
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 #0901126015192023-29-05-2024
The Tribunal condoned the delay in filing 16 defective appeals and directed their conversion into regular appeals, ruling that where an order is challenged on the grounds of lack of jurisdiction, substantial justice should prevail over technical limitations.
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 condoned the delay in filing 16 defective appeals and directed their conversion into regular appeals, ruling that where an order is challenged on the grounds of lack of jurisdiction, substantial justice should prevail over technical limitations.
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