Appellant / Complainant
Uppal Chadha Hi-Tech Developers Pvt. Ltd.
Respondent
Sushila
uppal chadha hi-tech developers pvt. ltd.
₹13,27,967
Respondent
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 0901126015792022 by Uppal Chadha Hi-Tech Developers Pvt. Ltd. against Sushila before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to waive interest obligations, thereby upholding the RERA Authority's order for the promoter to pay delay interest to the allottee.
Hearing
The Tribunal condoned the delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal; judgment on the merits has been reserved.
Hearing
The Tribunal granted a request from both counsels to list this appeal on 01.10.2024, as it is of a similar nature to other matters already scheduled for that date.
Hearing
The Tribunal has adjourned the matter to 11.09.2024 for orders, following a request from the counsel for both parties.
Hearing
The Tribunal noted the absence of the respondent's counsel and scheduled the appeal for hearing on 12.08.2024 to consider an application for condonation of delay.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the defective appeal for consideration of a condonation of delay application on 11.07.2024.
Hearing
The Tribunal noted the absence of the appellant's counsel and ordered the defective appeal to be listed for hearing on 14.05.2024.
Hearing
The Tribunal granted a request for adjournment from the appellant's counsel and rescheduled the hearing for April 12, 2024.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objection and scheduled the matter for hearing on March 7, 2024.
Hearing
The Tribunal found that the appellant complied with Section 43(5) of the Act 2016 by depositing the required fee and ordered the issuance of notice to the respondent for condonation of delay and hearing on 31.10.2023.
Defect Removal
The Tribunal granted a request by the appellant's counsel to reschedule the case, listing it for orders/hearing on 17.05.2023.
Defect Removal
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act and to file a Chartered Accountant's certificate regarding deposits, following an order from the Regulatory Authority.
Tribunal Order #0901126015792022-02-12-2024
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to waive interest obligations, thereby upholding the RERA Authority's order for the promoter to pay delay interest to the allottee.
Tribunal Order #0901126015792022-18-09-2023
The Tribunal found that the appellant complied with Section 43(5) of the Act 2016 by depositing the required fee and ordered the issuance of notice to the respondent for condonation of delay and hearing on 31.10.2023.
Tribunal Order #0901126015792022-17-04-2023
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act and to file a Chartered Accountant's certificate regarding deposits, following an order from the Regulatory Authority.
Tribunal Order #0901126015792022-01-10-2024
The Tribunal condoned the delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal; judgment on the merits has been reserved.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to waive interest obligations, thereby upholding the RERA Authority's order for the promoter to pay delay interest to the allottee. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to waive interest obligations, thereby upholding the RERA Authority's order for the promoter to pay delay interest to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 28.08.2015 till the date of obtaining Occupancy/Completion certificate (OC/CC) or till the date of offer of possession whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Bal Kishor Verma
- Amit Yadav
Respondent Advocate(s)
- Prasoon Kumar Anjor
Official RERA Tribunal Orders (4)
The Tribunal dismissed the appellant's appeal, ruling that farmer agitation does not constitute 'force majeure' to waive interest obligations, thereby upholding the RERA Authority's order for the promoter to pay delay interest to the allottee.
The Tribunal found that the appellant complied with Section 43(5) of the Act 2016 by depositing the required fee and ordered the issuance of notice to the respondent for condonation of delay and hearing on 31.10.2023.
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act and to file a Chartered Accountant's certificate regarding deposits, following an order from the Regulatory Authority.
The Tribunal condoned the delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal; judgment on the merits has been reserved.
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