Appellant / Complainant
Yamuna Expressway Industrial Development Authority
Respondent
Tajbar Singh Chauhan
₹19,69,616
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 0901126017882020 by Yamuna Expressway Industrial Development Authority against Tajbar Singh Chauhan before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order because it granted relief (possession and interest) that was not specifically prayed for in the original complaint, and remanded the matter back for a fresh decision on the actual issue of penalty removal.
Hearing
The Tribunal adjourned the appeal to 20.09.2023 for a joint hearing with the cross-appeal and directed both parties to exchange pleadings in the interim.
Hearing
The Tribunal has rescheduled the hearing of Appeal-616/2022 to be heard alongside Appeal No. (D) 167/2022 on August 23, 2023, following a joint request from both parties' counsels.
Hearing
The Tribunal refers the parties to a previously passed order dated regarding Appeal No. 167/2022.
Exchange of pleadings
The Tribunal noted that the respondent has filed a separate appeal against the same order and has adjourned the matter to 22.05.2023.
Exchange of pleadings
The Tribunal directed the appellant to file a reply to the respondent's supplementary affidavit and scheduled the matter for further orders on 06.01.2023.
Exchange of pleadings
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for December 1, 2022.
Exchange of pleadings
The appeal was adjourned to 20.10.2022 because no one appeared for the hearing and technical issues prevented access to the online portal.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal allowed the applicant's application for condonation of delay, subject to a cost of Rs. 12,000, and directed that the appeal be registered as a Regular Appeal.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and its objection, subsequently reserving the judgment/order for later delivery.
For Order
The Tribunal adjourned the matter to 09.12.2021 for the disposal of a pending limitation application and the respondent's supplementary objection.
Hearing
The Tribunal granted an adjournment requested by both parties and rescheduled the matter for further orders on 18.11.2021.
Rest deposit Amount under 43(5) of the Act
The Tribunal directed the respondent to file objections to the application for condonation of delay and the grounds of appeal via email, with a subsequent deadline for the applicant's reply and a scheduled hearing on March 25, 2021.
Rest deposit Amount under 43(5) of the Act
No text available.
Tribunal Order #0901126017882020-20-09-2023
The Tribunal set aside the Regulatory Authority's order because it granted relief (possession and interest) that was not specifically prayed for in the original complaint, and remanded the matter back for a fresh decision on the actual issue of penalty removal.
Tribunal Order #0901126017882020-18-08-2022
The U.P. Real Estate Appellate Tribunal allowed the applicant's application for condonation of delay, subject to a cost of Rs. 12,000, and directed that the appeal be registered as a Regular Appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order because it granted relief (possession and interest) that was not specifically prayed for in the original complaint, and remanded the matter back for a fresh decision on the actual issue of penalty removal. Awarded in favor of Appellant. Awarded interest rate: 6% per annum for the period from 24.11.2013 to 30.04.2016 and MCLR + 1% thereafter.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order because it granted relief (possession and interest) that was not specifically prayed for in the original complaint, and remanded the matter back for a fresh decision on the actual issue of penalty removal.
Ruling Awarded To
Appellant
Awarded Interest Rate
6% per annum for the period from 24.11.2013 to 30.04.2016 and MCLR + 1% thereafter
Interest Period
from 24.11.2013 to 30.04.2016 and thereafter from 01.05.2016 till the offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Prashant Kumar
- Kushagra Dikshit
Respondent Advocate(s)
- Kaviya Singh
- Yogendra Singh
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order because it granted relief (possession and interest) that was not specifically prayed for in the original complaint, and remanded the matter back for a fresh decision on the actual issue of penalty removal.
The U.P. Real Estate Appellate Tribunal allowed the applicant's application for condonation of delay, subject to a cost of Rs. 12,000, and directed that the appeal be registered as a Regular Appeal.
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