Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Saurabh Patel
Appellant
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 0901126024912023 by U.P. Awas Evam Vikas Parishad against Saurabh Patel before up_rera.
for delivery of Judgment/Order
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
For Order
The Tribunal heard arguments from the appellant's counsel regarding an ex parte proceeding and subsequently reserved the judgment for future pronouncement.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay and directed reference to a previous order passed in Appeal No. D 98/2023.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order.
Delay condonation
The Tribunal granted a request to list the defective appeal for consideration of the application for condonation of delay on 01.03.2024.
Delay condonation
The Tribunal has granted a request to list the defective appeal for consideration of an application for condonation of delay on 28.02.2024.
Delay condonation
The Tribunal decided to proceed ex-parte against the respondent due to their failure to file objections or appear in court, and scheduled the hearing for the application for condonation of delay on 19.02.2024.
Delay condonation
The Tribunal ruled that service of notice to the respondent is sufficient based on postal and online delivery, granting the respondent one week to file objections before proceeding ex-parte.
Delay condonation
The Tribunal ruled that service upon the respondent is sufficient based on postal and electronic delivery records and granted 10 days for the respondent to file objections to the delay condonation application and grounds of appeal.
Delay condonation
The Tribunal noted the appellant's deposit of Rs. 11,93,461/- for compliance with Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduled for hearing on 18.08.2023.
Tribunal Order #0901126024912023-24-05-2024
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
Tribunal Order #0901126024912023-08-01-2024
The Tribunal ruled that service of notice to the respondent is sufficient based on postal and online delivery, granting the respondent one week to file objections before proceeding ex-parte.
Tribunal Order #0901126024912023-18-08-2023
The Tribunal ruled that service upon the respondent is sufficient based on postal and electronic delivery records and granted 10 days for the respondent to file objections to the delay condonation application and grounds of appeal.
Tribunal Order #0901126024912023-15-02-2024
The Tribunal decided to proceed ex-parte against the respondent due to their failure to file objections or appear in court, and scheduled the hearing for the application for condonation of delay on 19.02.2024.
Tribunal Order #0901126024912023-03-07-2023
The Tribunal noted the appellant's deposit of Rs. 11,93,461/- for compliance with Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduled for hearing on 18.08.2023.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Nn Pandey
Respondent Advocate(s)
- Pramod Kumar Singh
Official RERA Tribunal Orders (5)
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
The Tribunal ruled that service of notice to the respondent is sufficient based on postal and online delivery, granting the respondent one week to file objections before proceeding ex-parte.
The Tribunal ruled that service upon the respondent is sufficient based on postal and electronic delivery records and granted 10 days for the respondent to file objections to the delay condonation application and grounds of appeal.
The Tribunal decided to proceed ex-parte against the respondent due to their failure to file objections or appear in court, and scheduled the hearing for the application for condonation of delay on 19.02.2024.
The Tribunal noted the appellant's deposit of Rs. 11,93,461/- for compliance with Section 43(5) and issued notice to the respondent regarding the application for condonation of delay, scheduled for hearing on 18.08.2023.
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