Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Alok Srivastava
₹25,25,000
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 0901126025832021 by U.P. Awas Evam Vikas Parishad against Alok Srivastava before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay delay interest (MCLR+1%) to the allottee and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Hearing
The Tribunal heard arguments regarding the calculation of interest on delayed payments and the timeline for possession, but has reserved its judgment.
Delay condonation
The Tribunal condoned a nine-day delay in filing the appeal by applying the Supreme Court's extension of limitation period guidelines and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections regarding the application for condonation of delay and the grounds of appeal.
Delay condonation
The Tribunal granted the applicant one week to file a reply to the respondent's objections regarding the application for condonation of delay and scheduled the matter for hearing on 23.08.2021.
Delay condonation
The Tribunal granted the respondent two weeks to file objections to the application for condonation of delay and the grounds of appeal, and scheduled the next hearing for August 6, 2021.
Delay condonation
The Tribunal issued notice on the application for condonation of delay and directed the parties to exchange documents via email and upload objections/replies to the e-portal before the next hearing on 13.07.2021.
Tribunal Order #0901126025832021-24-03-2022
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay delay interest (MCLR+1%) to the allottee and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Tribunal Order #0901126025832021-20-09-2021
The Tribunal condoned a nine-day delay in filing the appeal by applying the Supreme Court's extension of limitation period guidelines and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay delay interest (MCLR+1%) to the allottee and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay delay interest (MCLR+1%) to the allottee and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 30.12.2017 till the date of receiving of OC/CC (i.e. 31.12.2018)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Rajnish Kumar Srivastava
Official RERA Tribunal Orders (2)
The Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to pay delay interest (MCLR+1%) to the allottee and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the respondent.
The Tribunal condoned a nine-day delay in filing the appeal by applying the Supreme Court's extension of limitation period guidelines and directed the Registry to convert the defective appeal into a regular appeal.
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