Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Kusum Bala Chandel
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 0901126018832023 by U.P. Awas Evam Vikas Parishad against Kusum Bala Chandel before up_rera.
for delivery of Judgment/Order
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Hearing
The Tribunal heard arguments regarding a precedent set in a previous appeal and reserved the judgment for further consideration.
For Order
The Tribunal rescheduled the appeal for hearing on 29.05.2024 and issued a strict directive that no further adjournments will be granted, noting that the case may proceed based on available records if parties fail to appear.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay and directed the parties to refer to a previous order passed in Appeal No. D 98/2023 regarding substantive orders.
Hearing
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections regarding the application for condonation of delay and scheduled the next hearing for March 1, 2024.
Hearing
The Tribunal granted the appellant one week's time to file a reply to the respondent's objections and scheduled the matter for 07.11.2023 to consider the application for condonation of delay.
Delay condonation
The Tribunal directed the appellant's counsel to appear for a hearing on 26.09.2023 and requested they bring relevant judgments regarding the condonation of delay.
Delay condonation
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the matter for hearing on August 21, 2023.
Delay condonation
The Tribunal acknowledges the appellant's compliance with Section 43(5) of the Act via deposit of Rs. 7,94,285/- and directs that notice be issued to the respondent regarding the application for condonation of delay.
Tribunal Order #0901126018832023-12-06-2024
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Tribunal Order #0901126018832023-21-04-2023
The Tribunal acknowledges the appellant's compliance with Section 43(5) of the Act via deposit of Rs. 7,94,285/- and directs that notice be issued to the respondent regarding the application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Vishal Kumar Chandel
Official RERA Tribunal Orders (2)
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
The Tribunal acknowledges the appellant's compliance with Section 43(5) of the Act via deposit of Rs. 7,94,285/- and directs that notice be issued to the respondent regarding the application for condonation of delay.
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