Appellant / Complainant
Pranaya Kaushiva
Respondent
Paarth Infrabuild Pvt. Ltd.
paarth infrabuild pvt. ltd.
₹57,87,204
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 0901126017762020 by Pranaya Kaushiva against Paarth Infrabuild Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal allowed the appeal, setting aside a portion of the Regulatory Authority's order and directing the respondent to pay interest at MCLR+1% per annum on the deposited amount from 10.09.2016 until legal possession is offered with an Occupation Certificate.
Hearing
The Tribunal heard arguments regarding ongoing negotiations between the parties and a dispute over potential amendments under Section 18 of the Act; judgment has been reserved.
Hearing on Amendment Application
The Tribunal allowed the appellant's application to amend the grounds and prayer clause of the appeal to seek possession of the unit, setting a timeline for filing objections and replies via email.
Hearing on Amendment Application
The court granted an adjournment requested by the respondent's counsel and rescheduled the hearing for October 29, 2021.
Hearing on Amendment Application
The Tribunal directed the respondent to produce evidence regarding the deemed Occupancy Certificate (OC/CC) and instructed the appellant to provide details on interest payable due to delays. The parties are further ordered to upload pleadings to the e-portal before the next hearing on 21.10.2021.
Hearing
The Tribunal directed the respondent to file objections to the appellant's amendment application at least three days before the next hearing and scheduled the matter for consideration on 08.04.2021.
For Order
The Tribunal granted the appellant one week to file an application for amending the grounds and prayer of the appeal, with subsequent timelines set for filing objections and replies.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence, while explicitly warning that no further adjournments will be permitted on the next hearing date.
Hearing
The Tribunal granted a request for adjournment submitted by the respondent's counsel due to self-quarantine and rescheduled the appeal hearing to 08.02.2021.
Tribunal Order #0901126017762020-17-09-2021
The Tribunal directed the respondent to produce evidence regarding the deemed Occupancy Certificate (OC/CC) and instructed the appellant to provide details on interest payable due to delays. The parties are further ordered to upload pleadings to the e-portal before the next hearing on 21.10.2021.
Tribunal Order #0901126017762020-24-03-2022
The Appellate Tribunal allowed the appeal, setting aside a portion of the Regulatory Authority's order and directing the respondent to pay interest at MCLR+1% per annum on the deposited amount from 10.09.2016 until legal possession is offered with an Occupation Certificate.
Tribunal Order #0901126017762020-29-10-2021
The Tribunal allowed the appellant's application to amend the grounds and prayer clause of the appeal to seek possession of the unit, setting a timeline for filing objections and replies via email.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal allowed the appeal, setting aside a portion of the Regulatory Authority's order and directing the respondent to pay interest at MCLR+1% per annum on the deposited amount from 10.09.2016 until legal possession is offered with an Occupation Certificate. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1 percent p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal allowed the appeal, setting aside a portion of the Regulatory Authority's order and directing the respondent to pay interest at MCLR+1% per annum on the deposited amount from 10.09.2016 until legal possession is offered with an Occupation Certificate.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1 percent p.a.
Interest Period
from 10.09.2016 till the offer of possession is given to the allottee/appellant after obtaining OC from the Competent Authority
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Manoj Kumar Srivastava
- Awadhesh Kumar Misra
Respondent Advocate(s)
- Rajiv Shukla
Official RERA Tribunal Orders (3)
The Tribunal directed the respondent to produce evidence regarding the deemed Occupancy Certificate (OC/CC) and instructed the appellant to provide details on interest payable due to delays. The parties are further ordered to upload pleadings to the e-portal before the next hearing on 21.10.2021.
The Appellate Tribunal allowed the appeal, setting aside a portion of the Regulatory Authority's order and directing the respondent to pay interest at MCLR+1% per annum on the deposited amount from 10.09.2016 until legal possession is offered with an Occupation Certificate.
The Tribunal allowed the appellant's application to amend the grounds and prayer clause of the appeal to seek possession of the unit, setting a timeline for filing objections and replies via email.
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