Appellant / Complainant
Ratan Buildtech Private Limited
Respondent
Shaktidhar Sahani
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 0901126022472023 by Ratan Buildtech Private Limited against Shaktidhar Sahani before up_rera.
Hearing
The Appellate Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 01.01.2020 to 30.09.2022 at MCLR+1%, excluding a six-month COVID-19 force majeure period.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel but explicitly ruled that no further adjournments will be permitted and directed that alternative arrangements must be made if the counsel is unable to appear at the next hearing on 14.05.2025.
Hearing
The Tribunal has adjourned the matter to 21.04.2025 for orders upon a joint request from both parties.
Hearing
The Tribunal granted a request for adjournment on behalf of the appellant and rescheduled the hearing for 21.03.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal illness and rescheduled the hearing for 28.02.2025.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal condoned the delay in filing 12 appeals by Ratan Buildtech Pvt. Ltd., ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based adjudication.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and reserved its order.
Hearing
The Tribunal has scheduled the appeal for orders/hearing on 14.08.2024, referring to a previous order passed in Appeal No. 260/2023.
Hearing
The Tribunal has adjourned the appeal to 16.05.2024 for hearing, noting that similar cases are scheduled for that date.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for hearing on 10.05.2024.
Hearing
The Tribunal deferred the hearing on the application for condonation of delay to April 24, 2024, to allow the applicant's counsel more time to research and prepare submissions.
Hearing
The Tribunal directed the appellant to examine the impugned order and rectify any discrepancies regarding compliance with Section 43(5) of the Act within three days.
Delay condonation
The Tribunal noted that the appeal is ready for hearing and scheduled it for 15.03.2024 to consider the application for condonation of delay.
Delay condonation
The Tribunal took the respondent's objections on record and granted the applicant one week to file a reply, scheduling the next hearing for February 13, 2024, to consider the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for January 11, 2024, to consider the application for condonation of delay.
Delay condonation
The Tribunal issued notice to the respondent following the appellant's compliance with Section 43(5) deposit requirements and scheduled the matter for hearing on 14.08.2023.
Tribunal Order #0901126022472023-14-05-2025
The Appellate Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 01.01.2020 to 30.09.2022 at MCLR+1%, excluding a six-month COVID-19 force majeure period.
Tribunal Order #0901126022472023-24-09-2024
The Uttar Pradesh Real Estate Appellate Tribunal condoned the delay in filing 12 appeals by Ratan Buildtech Pvt. Ltd., ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based adjudication.
Tribunal Order #0901126022472023-15-03-2024
The Tribunal directed the appellant to examine the impugned order and rectify any discrepancies regarding compliance with Section 43(5) of the Act within three days.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 01.01.2020 to 30.09.2022 at MCLR+1%, 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 quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 01.01.2020 to 30.09.2022 at MCLR+1%, 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 30.09.2022 (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)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (3)
The Appellate Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 01.01.2020 to 30.09.2022 at MCLR+1%, excluding a six-month COVID-19 force majeure period.
The Uttar Pradesh Real Estate Appellate Tribunal condoned the delay in filing 12 appeals by Ratan Buildtech Pvt. Ltd., ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based adjudication.
The Tribunal directed the appellant to examine the impugned order and rectify any discrepancies regarding compliance with Section 43(5) of the Act within three days.
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