Appellant / Complainant
Ratan Buildtech Private Limited
Respondent
Rashmita Nayak
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 0901126022892023 by Ratan Buildtech Private Limited against Rashmita Nayak before up_rera.
Hearing
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at 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 granted an adjournment requested by the respondent's counsel and scheduled the appeal for orders/hearing on 14.05.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 09.05.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 17.04.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 20.03.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for orders/hearing on 20.02.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 31.01.2025.
for delivery of Judgment/Order
The Tribunal condoned the delay in filing five appeals, ruling that since the impugned order prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional issue.
Delay condonation
The Tribunal heard arguments regarding an application for condonation of delay and reserved its judgment on the matter.
Delay condonation
The Tribunal has scheduled the appeal for orders or hearing on 18.09.2024.
Delay condonation
The Tribunal has listed the appeal for orders/hearing on 14.08.2024, referring to a previous order passed in Appeal No. 260/2023.
Delay condonation
The Tribunal has scheduled the appeal for a hearing on 16.05.2024, noting that similar cases are listed for the same date.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for hearing on 10.05.2024.
Delay condonation
This is a procedural order referring the matter to a previous order passed in Appeal No. D382/2023.
Delay condonation
The Tribunal granted an extension to the appellant's counsel to rectify potential deficiencies in compliance with Section 43(5) deposit requirements and scheduled the matter for hearing on March 29, 2024.
Delay condonation
The Tribunal has scheduled the hearing for the application for condonation of delay and the defective appeal for March 15, 2024, following a joint request from both counsels.
Delay condonation
The Tribunal granted a final one-week extension to the respondent for filing objections to the appeal, noting the delay and emphasizing the statutory mandate to dispose of appeals within 60 days.
Delay condonation
The Tribunal granted the respondent 10 days to file objections regarding the application for condonation of delay and the grounds of appeal, with a subsequent deadline for the appellant to reply.
Delay condonation
The Tribunal noted the appellant's deposit of Rs. 6,60,335/- in compliance with Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduled for hearing on 21.08.2023.
Tribunal Order #0901126022892023-14-05-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at MCLR+1% for the period from 01.01.2020 to 28.09.2022, excluding a six-month COVID-19 force majeure period.
Tribunal Order #0901126022892023-14-11-2024
The Tribunal condoned the delay in filing five appeals, ruling that since the impugned order prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional issue.
Tribunal Order #0901126022892023-03-07-2023
The Tribunal noted the appellant's deposit of Rs. 6,60,335/- in compliance with Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduled for hearing on 21.08.2023.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at 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 Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at 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 (excluding six months force majeure period for Covid-19)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Mahima Pahwa
Respondent Advocate(s)
- Prashant Chandra
Official RERA Tribunal Orders (3)
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but settled the dispute by awarding the respondent delay interest at MCLR+1% for the period from 01.01.2020 to 28.09.2022, excluding a six-month COVID-19 force majeure period.
The Tribunal condoned the delay in filing five appeals, ruling that since the impugned order prima facie appeared to be passed without jurisdiction, the delay should be excused to allow for a merit-based examination of the jurisdictional issue.
The Tribunal noted the appellant's deposit of Rs. 6,60,335/- in compliance with Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduled for hearing on 21.08.2023.
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