Appellant / Complainant
Rise Projects Pvt Ltd
Respondent
Mohit Tyagi
rise projects pvt ltd
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 0901126026962023 by Rise Projects Pvt Ltd against Mohit Tyagi before up_rera.
Delay condonation
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at the rate of MCLR+1% from 07.04.2020 until possession (excluding the COVID-19 force majeure period).
Delay condonation
The Tribunal has adjourned the matter to 07.05.2025 following a joint request from the learned counsel for both parties.
Delay condonation
The appeal is adjourned to 11.04.2025 because lawyers are abstaining from judicial work following a resolution by the Real Estate Bar Association, Lucknow.
Delay condonation
The Tribunal granted an adjournment for the appeal and scheduled the next hearing for 18.03.2025, while explicitly warning that no further adjournments will be permitted.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the appeal for orders to 14.02.2025.
Delay condonation
The Tribunal granted a request from both parties to file an affidavit regarding project delays and adjourned the matter to 16.01.2025.
Delay condonation
The appeal is adjourned to 26.11.2024 because both counsels for the appellant submitted illness slips.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for orders/hearing on 21.10.2024.
Delay condonation
Upon the joint request of the counsel for both parties, the appeal has been adjourned and listed for orders/hearing on 11.09.2024.
Delay condonation
The Tribunal granted a request by the appellant's counsel to list the defective appeal for orders or hearing on 20.08.2024.
Delay condonation
The Tribunal granted the appellant 7 days to file a rejoinder to the respondent's objections and scheduled the matter for hearing on 07.08.2024.
Delay condonation
The Tribunal granted both parties additional time to file objections and replies regarding the application for condonation of delay and the grounds of appeal, scheduling the next hearing for 22.07.2024.
Delay condonation
The Tribunal granted the respondent a 10-day extension to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for 22.05.2024.
Delay condonation
This is a procedural order directing the parties to refer to a previously passed order dated 19.03.2024 in Appeal No. D 543/2023.
Delay condonation
The Tribunal directed the issuance of fresh notice to the respondent via Dasti and electronic modes due to an incomplete address, with the next hearing scheduled for 19.03.2024.
Delay condonation
The Tribunal granted the applicant one additional week to file an affidavit of service and scheduled the matter for consideration of the condonation of delay application on 15.02.2024.
Delay condonation
The Tribunal granted the appellant's request to issue fresh notice to the respondent regarding the application for condonation of delay and directed the service of appeal documents via speed-post and email.
Delay condonation
The Tribunal ruled that the amounts recovered via the Recovery Certificate (Rs 1,00,000 and Rs 5,16,060) shall be treated as compliance with Section 43(5) of the Act, directing the Recovery Officer to deposit the funds in a fixed deposit for 60 days.
Delay condonation
The Tribunal granted a request from the appellant's counsel to list the defective appeal for orders or hearing on 16.08.2023.
Delay condonation
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 6,16,060/- in support of their application to waive the mandatory pre-deposit required under Section 43(5) of the Act.
Tribunal Order #0901126026962023-07-05-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at the rate of MCLR+1% from 07.04.2020 until possession (excluding the COVID-19 force majeure period).
Tribunal Order #0901126026962023-16-08-2023
The Tribunal ruled that the amounts recovered via the Recovery Certificate (Rs 1,00,000 and Rs 5,16,060) shall be treated as compliance with Section 43(5) of the Act, directing the Recovery Officer to deposit the funds in a fixed deposit for 60 days.
Tribunal Order #0901126026962023-08-08-2023
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 6,16,060/- in support of their application to waive the mandatory pre-deposit required under Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at the rate of MCLR+1% from 07.04.2020 until possession (excluding the COVID-19 force majeure period). Awarded in favor of Respondent. 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 ruled that the promoter is mandatory obligated to pay delay interest to the allottee at the rate of MCLR+1% from 07.04.2020 until possession (excluding the COVID-19 force majeure period).
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 07.04.2020 till the date of offer of possession along with valid OC/CC (except the period from 07.04.2020 to 25.09.2020 on account of force majeure due to Covid-19 pandemic)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Siddharth Nandwani
- Abhishek Shukla
Respondent Advocate(s)
- Tushar Bahadur
- Sachin Gupta
Official RERA Tribunal Orders (3)
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at the rate of MCLR+1% from 07.04.2020 until possession (excluding the COVID-19 force majeure period).
The Tribunal ruled that the amounts recovered via the Recovery Certificate (Rs 1,00,000 and Rs 5,16,060) shall be treated as compliance with Section 43(5) of the Act, directing the Recovery Officer to deposit the funds in a fixed deposit for 60 days.
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 6,16,060/- in support of their application to waive the mandatory pre-deposit required under Section 43(5) of the Act.
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