Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Sudhir Kumar Srivastava
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 0901126015312023 by U.P. Awas Evam Vikas Parishad against Sudhir Kumar Srivastava 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 filed by U.P. Awas Evam Vikas Parishad, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional issue.
Delay condonation
The Tribunal adjourned the matter to 16.05.2024 and directed that this defective appeal be listed alongside similar appeals for hearing.
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 matter for hearing regarding the application for condonation of delay 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 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 regarding the application for condonation of delay and scheduled the matter for hearing on 26.09.2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent timeline set for the applicant's reply.
For Order
The Tribunal recorded the respondent's undertaking to file objections to the condonation of delay application and grounds of appeal within 10 days, scheduling the matter for hearing on 30.05.2023.
Delay condonation
The Tribunal granted the respondent three days to file objections against the grounds of appeal and directed the case be listed for hearing on 18.04.2023.
Tribunal Order #0901126015312023-29-05-2024
The Tribunal condoned the delay in filing 16 defective appeals filed by U.P. Awas Evam Vikas Parishad, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional issue.
Tribunal Order #0901126015312023-12-06-2024
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 filed by U.P. Awas Evam Vikas Parishad, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional issue.
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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