Appellant / Complainant
Ratan Buildtech Private Limited
Respondent
Suneel Kumar Mishra
ratan buildtech private limited
Partial
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 0901126019382023 by Ratan Buildtech Private Limited against Suneel Kumar Mishra before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction regarding compensation/rent, but ruled that the respondent is entitled to delay interest (MCLR+1%) for the period from 01.01.2020 to 28.09.2022, excluding a six-month COVID-19 force majeure period.
Hearing
The Tribunal heard arguments regarding the exclusion of the COVID-19 pandemic period from the delay calculation and has reserved its judgment.
Hearing
The Tribunal granted the appellant 10 days to file documents regarding the Occupancy Certificate/Completion Certificate (OC/CC) for Tower No. D and scheduled the next hearing for August 5, 2025.
Hearing
The Tribunal granted an adjournment request from the appellant and scheduled the appeal for hearing on 18.07.2025, with a strict directive that no further adjournments will be permitted.
Hearing
The Tribunal granted the respondent time to file their Vakalatnama and objections, scheduling the next hearing for May 28, 2025.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel and scheduled the next hearing for May 14, 2025, noting that no further adjournments will be permitted.
For Order
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for April 21, 2025.
For Order
The Tribunal noted the absence of the respondent's counsel and adjourned the matter to 03.04.2025 for orders.
For Order
The Tribunal granted an adjournment because the respondent's counsel was unavailable due to a family function and rescheduled the hearing for March 4, 2025.
For Order
The U.P. Real Estate Appellate Tribunal has scheduled the case for orders or hearing on February 10, 2025.
For Order
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-409/2023 to 27.01.2025.
For Order
The Tribunal heard arguments from both parties regarding Appeal-409/2023 and has reserved its judgment for a later date.
For Order
The Tribunal granted a request for adjournment due to the respondent's counsel's inability to appear and rescheduled the hearing for 30.08.2024, with a strict directive that no further adjournments will be permitted.
For Order
The Tribunal granted a final opportunity to the respondent to assist with the case on the next hearing date following an adjournment request, noting that the matter had previously proceeded ex-parte.
For Order
The Tribunal noted the absence of both parties and ordered the appeal to be listed for orders or hearing on 23.07.2024.
For Order
The Tribunal noted that the matter is proceeding ex-parte against the respondent and scheduled the appeal for a hearing/orders on 23.05.2024.
For Order
The Tribunal noted that the matter has proceeded ex-parte against the respondent and scheduled the appeal for further hearing on 23.04.2024.
For Order
The Tribunal noted that the matter had previously proceeded ex-parte, but granted the respondent's counsel time to file a vakalatnama and permitted the respondent to make submissions based on existing records at the next hearing on 18.03.2024.
For Order
The Tribunal decided to proceed ex-parte against the respondent due to their failure to file objections or appear despite sufficient notice and service. The matter is listed for orders on 13.02.2024.
Notice
The Tribunal deemed the service of notice upon the respondent sufficient based on postal and email records and granted the respondent 10 days to file objections.
Admission
The Tribunal issued notice to the respondent regarding the appeal filed by Ratan Buildtech Private Limited and directed the appellant to serve the notice via speed-post and email, with the matter listed for hearing on 17.08.2023.
Tribunal Order #0901126019382023-19-09-2025
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction regarding compensation/rent, but ruled that the respondent is entitled to delay interest (MCLR+1%) for the period from 01.01.2020 to 28.09.2022, excluding a six-month COVID-19 force majeure period.
Tribunal Order #0901126019382023-05-01-2024
The Tribunal decided to proceed ex-parte against the respondent due to their failure to file objections or appear despite sufficient notice and service. The matter is listed for orders on 13.02.2024.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction regarding compensation/rent, but ruled that the respondent is entitled to delay interest (MCLR+1%) for the period from 01.01.2020 to 28.09.2022, excluding a six-month COVID-19 force majeure period. Awarded in favor of Partial. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction regarding compensation/rent, but ruled that the respondent is entitled to delay interest (MCLR+1%) for the period from 01.01.2020 to 28.09.2022, excluding a six-month COVID-19 force majeure period.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.01.2020 to 28.09.2022 (except for the six months force majeure period on account of Covid-19)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Mahima Pahwa
Respondent Advocate(s)
- Kaviya Singh
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction regarding compensation/rent, but ruled that the respondent is entitled to delay interest (MCLR+1%) for the period from 01.01.2020 to 28.09.2022, excluding a six-month COVID-19 force majeure period.
The Tribunal decided to proceed ex-parte against the respondent due to their failure to file objections or appear despite sufficient notice and service. The matter is listed for orders on 13.02.2024.
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