Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Ram Chandra Tiwari
u.p. awas evam vikas parishad
₹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 0901126015232023 by U.P. Awas Evam Vikas Parishad against Ram Chandra Tiwari before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the orders of the Adjudicating Officer across seven appeals, ruling that the Adjudicating Officer lacked jurisdiction to award interest as compensation for delayed possession when an allottee chooses to stay in a project, as such interest is a mandatory obligation under Section 18 to be determined by the Regulatory Authority.
Delay condonation
The Tribunal condoned a 16-day delay in filing the appeal, ruling that because the challenge involves a fundamental question of jurisdiction regarding the Adjudicating Officer's power to grant delay interest, the matter should be decided on its merits rather than being dismissed on technical limitation grounds.
Delay condonation
The Tribunal granted a joint request from the counsels to list this defective appeal for orders/hearing on 07.08.2024, as it is connected to similar matters scheduled for that date.
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 the 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, including the application for condonation of delay, for 19.03.2024.
Delay condonation
The order refers the matter to a previous order passed 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 directions.
Delay condonation
The Tribunal granted a request for an adjournment after the appellant's counsel confirmed service of the reply to the respondent, scheduling the hearing for November 9, 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 scheduled the case for 10.08.2023 to consider an application for condonation of delay and for a hearing.
For Order
The court 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 them to email a soft copy to the appellant's counsel, scheduling the next hearing for April 18, 2023.
Tribunal Order #0901126015232023-08-11-2024
The Appellate Tribunal set aside the orders of the Adjudicating Officer across seven appeals, ruling that the Adjudicating Officer lacked jurisdiction to award interest as compensation for delayed possession when an allottee chooses to stay in a project, as such interest is a mandatory obligation under Section 18 to be determined by the Regulatory Authority.
Tribunal Order #0901126015232023-07-08-2024
The Tribunal condoned a 16-day delay in filing the appeal, ruling that because the challenge involves a fundamental question of jurisdiction regarding the Adjudicating Officer's power to grant delay interest, the matter should be decided on its merits rather than being dismissed on technical limitation grounds.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the orders of the Adjudicating Officer across seven appeals, ruling that the Adjudicating Officer lacked jurisdiction to award interest as compensation for delayed possession when an allottee chooses to stay in a project, as such interest is a mandatory obligation under Section 18 to be determined by the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the orders of the Adjudicating Officer across seven appeals, ruling that the Adjudicating Officer lacked jurisdiction to award interest as compensation for delayed possession when an allottee chooses to stay in a project, as such interest is a mandatory obligation under Section 18 to be determined by the Regulatory Authority.
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 the orders of the Adjudicating Officer across seven appeals, ruling that the Adjudicating Officer lacked jurisdiction to award interest as compensation for delayed possession when an allottee chooses to stay in a project, as such interest is a mandatory obligation under Section 18 to be determined by the Regulatory Authority.
The Tribunal condoned a 16-day delay in filing the appeal, ruling that because the challenge involves a fundamental question of jurisdiction regarding the Adjudicating Officer's power to grant delay interest, the matter should be decided on its merits rather than being dismissed on technical limitation grounds.
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