Appellant / Complainant
Ratan Buildtech Private Limited
Respondent
Debangshu Sarkar
ratan buildtech private limited
Partial
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 0901126017592022 by Ratan Buildtech Private Limited against Debangshu Sarkar before up_rera.
Hearing
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.01.2020 to 10.11.2022, allowing for a six-month COVID-19 force majeure deduction.
Hearing
The Tribunal directed the appellant to upload the offer of possession, Occupancy Certificate/Completion Certificate (OC/CC), and the computation of delay interest due to the undisputed delay in project completion.
Hearing
The Tribunal has granted a request from the counsel for both parties to reschedule the hearing of Appeal-227/2022 to 05.03.2025.
Hearing
The Tribunal adjourned the appeal to 10.02.2025 and issued a warning that the matter will proceed ex parte if the respondent fails to appear.
Hearing
Upon the request of the appellant's counsel, the tribunal has scheduled the appeal for a hearing on January 27, 2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the appeal for hearing on January 2, 2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal has adjourned the matter and scheduled the appeal for a hearing on December 4, 2024.
For Order
The Tribunal granted the appellant seven days to file a rejoinder to the objections raised by the respondent and scheduled the matter for orders/final hearing on 04.11.2024.
For Order
The Tribunal adjourned the appeal to 24.09.2024 due to technical glitches with the portal and the absence of both parties.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for orders on 21.08.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and scheduled the matter for hearing on 17.05.2024.
For Order
The Tribunal has adjourned the appeal to 18.04.2024 due to the illness of the appellant's counsel.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on 12.03.2024.
For Order
The Tribunal granted a 10-day extension to the appellant to file a reply to the respondent's objections and rescheduled the hearing for May 1, 2023.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections along with a vakalatnama and scheduled the next hearing for March 23, 2023.
For Order
The Tribunal issued a fresh notice to Respondent No. 1 (RERA) due to lack of representation and scheduled the matter for further orders on January 13, 2023.
Delay condonation
The Tribunal allowed the application for condonation of delay regarding the appeal filed by Ratan Buildtech Private Limited, directing the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal directed the Respondent to file a reply to the grounds of appeal and scheduled the matter for 09.11.2022 to dispose of the delay condonation application.
Notice
The Tribunal directed respondent no.1 to file a Vakalatnama and objections against the application for condonation of delay, and adjourned the matter to 09.09.2022.
For Order
The Tribunal noted the appellant's compliance with Section 43(5) regarding the deposit of Rs. 2,55,500 and directed the issuance of 'Dasti' notice to the respondent, adjourning the defective appeal to 10.08.2022.
Notice
The Tribunal granted the applicant one week to file an affidavit of service at a cost of Rs. 500/-, which will be used for purchasing books for the Legal Representative's Library.
Defect Removal
The Tribunal issued notice to the respondent regarding an application for condonation of delay after confirming compliance with Section 43(5) via a deposit of Rs. 2,55,500, and directed the applicant to rectify registry defects.
Tribunal Order #0901126017592022-05-03-2025
The Tribunal directed the appellant to upload the offer of possession, Occupancy Certificate/Completion Certificate (OC/CC), and the computation of delay interest due to the undisputed delay in project completion.
Tribunal Order #0901126017592022-01-04-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.01.2020 to 10.11.2022, allowing for a six-month COVID-19 force majeure deduction.
Tribunal Order #0901126017592022-09-11-2022
The Tribunal allowed the application for condonation of delay regarding the appeal filed by Ratan Buildtech Private Limited, directing the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126017592022-01-07-2022
The Tribunal granted the applicant one week to file an affidavit of service at a cost of Rs. 500/-, which will be used for purchasing books for the Legal Representative's Library.
Tribunal Order #0901126017592022-29-04-2022
The Tribunal issued notice to the respondent regarding an application for condonation of delay after confirming compliance with Section 43(5) via a deposit of Rs. 2,55,500, and directed the applicant to rectify registry defects.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.01.2020 to 10.11.2022, allowing for a six-month COVID-19 force majeure deduction. Awarded in favor of Partial. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.01.2020 to 10.11.2022, allowing for a six-month COVID-19 force majeure deduction.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 01.01.2020 till 10.11.2022 (subject to 6 months force majeure deduction)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ankit Raj Chaudhary
- Mahima Pahwa
- Praneti Agarwal
- Deepak Agarwal
- Unnati Vijay
Respondent Advocate(s)
- Gyan Prakash
Official RERA Tribunal Orders (5)
The Tribunal directed the appellant to upload the offer of possession, Occupancy Certificate/Completion Certificate (OC/CC), and the computation of delay interest due to the undisputed delay in project completion.
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent-allottee is entitled to delay interest at MCLR+1% from 01.01.2020 to 10.11.2022, allowing for a six-month COVID-19 force majeure deduction.
The Tribunal allowed the application for condonation of delay regarding the appeal filed by Ratan Buildtech Private Limited, directing the Registry to convert the defective appeal into a regular appeal.
The Tribunal granted the applicant one week to file an affidavit of service at a cost of Rs. 500/-, which will be used for purchasing books for the Legal Representative's Library.
The Tribunal issued notice to the respondent regarding an application for condonation of delay after confirming compliance with Section 43(5) via a deposit of Rs. 2,55,500, and directed the applicant to rectify registry defects.
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