Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Gaurav 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 0901126020332022 by U.P. Awas Evam Vikas Parishad against Gaurav 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 and has reserved its judgment.
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 three-day strike called by the Bar Council of Uttar Pradesh and rescheduled 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 previous orders and directed that the appeal be heard on 13.07.2023 based on the existing record.
For Order
The Tribunal granted the respondent a final 10-day extension to file objections and directed the appellant to file a reply within one week of receipt.
For Order
The proceedings were adjourned due to a bereavement in the family of the respondent's counsel, with the matter rescheduled for orders on 20.04.2023.
For Order
The proceedings are adjourned because the counsel for the appellant is on sanctioned leave, and the matter is rescheduled for 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
This text represents the header/caption of an appeal (APPEAL-219/2022) before the U.P. Real Estate Appellate Tribunal between U.P. Awas Evam Vikas Parishad and Gaurav Dixit, but it contains no substantive ruling or directive.
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 related relaxations granted by the Supreme Court, and directed the Registry to register the defective appeal as a regular appeal.
Hearing
The Tribunal directed the respondent's counsel to file a Vakalatnama and an objection to the delay condonation application within three days, scheduling the matter for August 26, 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 15.07.2022.
Defect Removal
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the appellant to rectify defects in the index and annexures within one week.
Tribunal Order #0901126020332022-07-05-2024
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 #0901126020332022-28-04-2022
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the appellant to rectify defects in the index and annexures within one week.
Tribunal Order #0901126020332022-03-07-2023
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with previous orders and directed that the appeal be heard on 13.07.2023 based on the existing record.
Tribunal Order #0901126020332022-26-08-2022
The Tribunal condoned the 65-day delay in filing the appeal, citing COVID-19 related relaxations granted by the Supreme Court, and directed the Registry to register the defective appeal as a regular appeal.
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 along with OC/CC
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 issued notice to the respondent regarding an application for condonation of delay and directed the appellant to rectify defects in the index and annexures within one week.
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with previous orders and directed that the appeal be heard on 13.07.2023 based on the existing record.
The Tribunal condoned the 65-day delay in filing the appeal, citing COVID-19 related relaxations granted by the Supreme Court, and directed the Registry to register the defective appeal as a regular appeal.
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