Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Gorang Paul
u.p. awas evam vikas parishad
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 0901126018862023 by U.P. Awas Evam Vikas Parishad against Gorang Paul before up_rera.
for delivery of Judgment/Order
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
For Order
The Tribunal heard the matter and reserved the judgment for further delivery.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay and directed reference to a previous order passed in Appeal No. D 98/2023.
Hearing
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order.
Hearing
The Tribunal directs the parties to refer to the order passed in Appeal No. D 319/2023 for the substantive orders regarding this matter.
Hearing
The Tribunal granted the respondent's request for time to conduct research and rescheduled the hearing of the defective appeal regarding the condonation of delay to 07.11.2023.
Hearing
The Tribunal directed the applicant to prepare for a hearing on 26.09.2023 with relevant case law and listed the defective appeal for orders/hearing on that date following a joint request from counsel.
Delay condonation
The Tribunal granted the Appellant one week to file a reply to the Respondent's objections regarding the condonation of delay and scheduled the matter for hearing on August 21, 2023.
Delay condonation
The Tribunal has scheduled the case for orders/hearing on 25.05.2023 and directed reference to a previous order passed in Appeal No. 316/2021.
Tribunal Order #0901126018862023-24-05-2024
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Amit Yadav
- Pramod Kumar Sinha
Official RERA Tribunal Orders (1)
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
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