Appellant / Complainant
Sunworld Developers Private Limited
Respondent
Dev Raj Verma, Krishna Verma
sunworld developers private limited
₹62,30,903
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 0901126018682023 by Sunworld Developers Private Limited against Dev Raj Verma, Krishna Verma before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant interest as compensation for delay in possession when the allottee chose to stay in the project rather than withdraw. The Tribunal further found the awards for violation compensation and litigation costs unsustainable due to a lack of reasoned calculation or evidence.
Delay condonation
The Tribunal heard arguments regarding the jurisdiction of the Adjudicating Officer to grant delay interest and compensation under Section 18(3), subsequently reserving judgment on the matter.
Delay condonation
The Tribunal noted the absence of both parties and ordered the appeal to be listed for orders/hearing on 11.07.2024.
Delay condonation
The Tribunal noted the absence of counsel for both parties and scheduled the defective appeal for hearing on May 14, 2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to personal family issues and scheduled the matter for orders on 12.04.2024.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the appeal for consideration of the delay condonation application on 07.03.2024.
Delay condonation
The Tribunal directed the respondent to file objections to the application for condonation of delay and grounds of appeal within 10 days, and scheduled the matter for hearing on January 31, 2024.
Defect Removal
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and ordered notice to be issued to the respondents for a hearing on 14.08.2023.
Tribunal Order #0901126018682023-26-09-2024
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant interest as compensation for delay in possession when the allottee chose to stay in the project rather than withdraw. The Tribunal further found the awards for violation compensation and litigation costs unsustainable due to a lack of reasoned calculation or evidence.
Tribunal Order #0901126018682023-31-05-2023
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and ordered notice to be issued to the respondents for a hearing on 14.08.2023.
Tribunal Order #0901126018682023-11-07-2024
The Tribunal heard arguments regarding the jurisdiction of the Adjudicating Officer to grant delay interest and compensation under Section 18(3), subsequently reserving judgment on the matter.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant interest as compensation for delay in possession when the allottee chose to stay in the project rather than withdraw. The Tribunal further found the awards for violation compensation and litigation costs unsustainable due to a lack of reasoned calculation or evidence. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant interest as compensation for delay in possession when the allottee chose to stay in the project rather than withdraw. The Tribunal further found the awards for violation compensation and litigation costs unsustainable due to a lack of reasoned calculation or evidence.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.05.2017 till 16.07.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (3)
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant interest as compensation for delay in possession when the allottee chose to stay in the project rather than withdraw. The Tribunal further found the awards for violation compensation and litigation costs unsustainable due to a lack of reasoned calculation or evidence.
The Tribunal directed the Registry to convert the defective appeal into a regular appeal following compliance with Section 43(5) of the Act and ordered notice to be issued to the respondents for a hearing on 14.08.2023.
The Tribunal heard arguments regarding the jurisdiction of the Adjudicating Officer to grant delay interest and compensation under Section 18(3), subsequently reserving judgment on the matter.
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