Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Rajiv Verma
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 0901126015252023 by U.P. Awas Evam Vikas Parishad against Rajiv Verma 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 impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required converting the defective appeals into regular appeals for merit-based examination.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and directed that the defective appeal be listed along with similar cases on 16.05.2024.
Delay condonation
The Tribunal listed the defective appeal for consideration of a condonation of delay 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 hearing for the application for condonation of delay for 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
The Tribunal refers the parties to a previously passed order dated in Appeal No. D249/2023 for further directions.
Delay condonation
The Tribunal refers the parties to a previous order passed in Appeal No. D249/2023 for further directions.
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 scheduled the case for 10.08.2023 to consider an application for condonation of delay and for a hearing.
For Order
The Tribunal recorded the respondent's undertaking to file objections within 10 days and scheduled the appeal for a hearing on May 30, 2023.
Delay condonation
The Tribunal granted the respondent three days to file objections against the appeal and directed them to provide a soft copy of said objections to the appellant's counsel within two days.
Tribunal Order #0901126015252023-12-06-2024
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 #0901126015252023-29-05-2024
The Tribunal condoned the delay in filing 16 defective appeals, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required converting the defective appeals into regular appeals for merit-based examination.
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, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the interests of justice required converting the defective appeals into regular appeals for merit-based examination.
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