Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Arun Kumar Dixit
Respondent
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 0901126020322022 by U.P. Awas Evam Vikas Parishad against Arun Kumar Dixit before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees.
Hearing
The Tribunal heard arguments from the appellant regarding the interest rate calculation for delayed possession but reserved judgment for a later date.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a religious function and rescheduled the appeal for hearing on 01.04.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and directed the respondent to file their objections within one week. The matter is scheduled for hearing on 26.02.2024.
Hearing
The Tribunal adjourned the proceedings due to a Bar Council of Uttar Pradesh resolution regarding lawyers abstaining from judicial work, rescheduling the hearing for 13.10.2023.
Hearing
The Tribunal adjourned the proceedings due to the absence of the respondent's counsel caused by heavy rain and rescheduled the hearing for 05.09.2023.
Hearing
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with a previous order and directed that the appeal be heard on 13.07.2023 based on the existing record.
For Order
The Tribunal granted the respondent a 10-day extension to file objections and directed the next hearing to be held on 03.07.2023.
For Order
The tribunal adjourned the proceedings due to a bereavement in the respondent's counsel's family and rescheduled the matter for orders on 20.04.2023.
For Order
The proceedings were adjourned because the counsel for the appellant was on sanctioned leave; the case is listed for orders on 16.03.2023.
Further Order
The Tribunal granted an adjournment following a request from the respondent's counsel and provided a final opportunity for the respondent to file objections to the delay condonation application and reply to the grounds of appeal.
Further Order
The appeal was adjourned because no parties appeared when the case was called; it has been rescheduled for hearing on 28.11.2022.
Further Order
The Tribunal adjourned the appeal due to the absence of parties and scheduled the matter for further orders on 02.11.2022.
Delay condonation
The Tribunal condoned the 65-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the registry to register the defective appeal as a regular appeal.
Hearing
The Tribunal granted the respondent three days to file a Vakalatnama and directed them to submit an objection to the delay condonation application by the next hearing on 26.08.2022.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the matter for hearing on July 15, 2022.
Delay condonation
The Tribunal directed the appellant to rectify defects in the annexures and re-upload a proper index, while issuing notice to the respondent regarding the application for condonation of delay, returnable on 24.05.2022.
Tribunal Order #0901126020322022-07-05-2024
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees.
Tribunal Order #0901126020322022-26-08-2022
The Tribunal condoned the 65-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the registry to register the defective appeal as a regular appeal.
Tribunal Order #0901126020322022-03-07-2023
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with a previous order and directed that the appeal be heard on 13.07.2023 based on the existing record.
Tribunal Order #0901126020322022-28-04-2022
The Tribunal directed the appellant to rectify defects in the annexures and re-upload a proper index, while issuing notice to the respondent regarding the application for condonation of delay, returnable on 24.05.2022.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from promised date till the date of delivery of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Saghar Mehdi
Official RERA Tribunal Orders (4)
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's orders for delayed possession and interest at MCLR+1%, and directed the transfer of the promoter's pre-deposited funds to the Authority for disbursement to the allottees.
The Tribunal condoned the 65-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the registry to register the defective appeal as a regular appeal.
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with a previous order and directed that the appeal be heard on 13.07.2023 based on the existing record.
The Tribunal directed the appellant to rectify defects in the annexures and re-upload a proper index, while issuing notice to the respondent regarding the application for condonation of delay, returnable on 24.05.2022.
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