Appellant / Complainant
Rise Projects Pvt Ltd
Respondent
Baldev Singh
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 0901126027152023 by Rise Projects Pvt Ltd against Baldev Singh before up_rera.
Delay condonation
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent-allottee is entitled to delay interest from 01.12.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
Delay condonation
Upon the joint request of the counsel for both parties, the matter has been adjourned and listed for hearing on 07.05.2025.
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 requested by the appellant's counsel and scheduled the next hearing for March 18, 2025, noting 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 matter for orders on 14.02.2025.
Delay condonation
The Tribunal has adjourned the appeal to 16.01.2025 to allow parties to file an affidavit regarding the project's delay.
Delay condonation
The Tribunal granted an adjournment because the counsels for the appellant submitted illness slips, rescheduling the appeal for 26.11.2024.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for hearing/orders on 21.10.2024.
Delay condonation
Upon a joint request from the counsel for both parties, the tribunal has adjourned the appeal and scheduled it 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 affidavit in response to the respondent's objections and adjourned the matter to 07.08.2024 for hearing.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objection to the condonation of delay application and directed the matter to be listed for hearing on 22.07.2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and the application for condonation of delay, with the matter scheduled for hearing on 22.05.2024.
Delay condonation
The order directs the reader to refer to a previous order passed in Appeal No. D 543/2023 for the specific directions or rulings.
Delay condonation
The Tribunal directed the issuance of fresh notice to the respondent due to insufficient proof of service and scheduled the matter for hearing on 19.03.2024.
Delay condonation
The Tribunal granted the applicant a one-week extension to file an affidavit of service and scheduled the matter for hearing on 15.02.2024.
Delay condonation
The Tribunal granted a request for fresh notice to be issued to the respondent regarding the application for condonation of delay and scheduled the matter for hearing on 02.11.2023.
Delay condonation
The Tribunal ruled that the amount of Rs 5,99,354/- recovered via a Recovery Certificate 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 to list the defective appeal for orders or hearing on 16.08.2023.
Delay condonation
The Tribunal granted the appellant two days to submit a bank statement to prove payment of Rs. 5,99,354/- in an attempt to waive the mandatory pre-deposit requirement under Section 43(5) of the Act.
Tribunal Order #0901126027152023-07-05-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent-allottee is entitled to delay interest from 01.12.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
Tribunal Order #0901126027152023-16-08-2023
The Tribunal ruled that the amount of Rs 5,99,354/- recovered via a Recovery Certificate 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 #0901126027152023-08-08-2023
The Tribunal granted the appellant two days to submit a bank statement to prove payment of Rs. 5,99,354/- in an attempt to waive the mandatory pre-deposit requirement 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 respondent-allottee is entitled to delay interest from 01.12.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%. 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 respondent-allottee is entitled to delay interest from 01.12.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 01.12.2019 till the date of offer of possession along with valid OC/CC (except the period from 25.03.2020 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 respondent-allottee is entitled to delay interest from 01.12.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
The Tribunal ruled that the amount of Rs 5,99,354/- recovered via a Recovery Certificate 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 a bank statement to prove payment of Rs. 5,99,354/- in an attempt to waive the mandatory pre-deposit requirement under Section 43(5) of the Act.
Need to research all rulings for rise projects pvt ltd?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.