Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Lalmani
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 0901126018892023 by U.P. Awas Evam Vikas Parishad against Lalmani before up_rera.
for delivery of Judgment/Order
The Tribunal allowed eight appeals and set aside orders passed by 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 arguments in Appeal-320/2023 between U.P. Awas Evam Vikas Parishad and Lalmani, and subsequently reserved the judgment for future pronouncement.
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
This is a procedural order directing the parties to refer to the previous order passed in Appeal No. D 319/2023.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the defective appeal for hearing on 07.11.2023.
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 one week to file a reply to the Respondent's objections regarding the condonation of delay and scheduled the matter for hearing on 21.08.2023.
Delay condonation
The Tribunal finds that the appellant has complied with Section 43(5) of the Act by depositing Rs. 7,97,293/- and directs that notice be issued to the respondent regarding the application for condonation of delay.
Tribunal Order #0901126018892023-24-05-2024
The Tribunal allowed eight appeals and set aside orders passed by 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 Order #0901126018892023-21-04-2023
The Tribunal finds that the appellant has complied with Section 43(5) of the Act by depositing Rs. 7,97,293/- and directs that notice be issued to the respondent regarding the application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed eight appeals and set aside orders passed by 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 orders passed by 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%
Interest Period
for the delay period
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Pramod Kumar Singh
Official RERA Tribunal Orders (2)
The Tribunal allowed eight appeals and set aside orders passed by 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.
The Tribunal finds that the appellant has complied with Section 43(5) of the Act by depositing Rs. 7,97,293/- and directs that notice be issued to the respondent regarding the application for condonation of delay.
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