Appellant / Complainant
Rise Projects Pvt Ltd
Respondent
Anupama Chaturvedi
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 0901126027192023 by Rise Projects Pvt Ltd against Anupama Chaturvedi before up_rera.
Delay condonation
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 18.01.2020 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%.
Delay condonation
The Tribunal granted a request from the counsel for both parties to adjourn the matter and rescheduled the hearing to 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 a request for adjournment and rescheduled the appeal for hearing on 18.03.2025, 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 both parties to file an affidavit regarding the project's delay.
Delay condonation
The Tribunal has adjourned the appeal to 26.11.2024 due to the illness of the counsel representing the appellant.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for 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 adjourned the matter to 07.08.2024 for hearing.
Delay condonation
The Tribunal granted 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 grounds of appeal and the application for condonation of delay, scheduling the next hearing for May 22, 2024.
Delay condonation
This is a procedural order directing the parties to refer to a previously passed order dated in Appeal No. D 543/2023.
Delay condonation
The Tribunal issued fresh notice to the respondent due to lack of verifiable service records and scheduled the matter for hearing on 19.03.2024.
Delay condonation
The Tribunal granted the applicant one additional week to file an affidavit of service and scheduled the matter for hearing 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, with the matter scheduled for hearing on 02.11.2023.
Delay condonation
The Tribunal ruled that the amounts already recovered via a Recovery Certificate satisfy the compliance requirements of Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit.
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. 6,42,855 to the Regulatory Authority, in support of an application to waive the mandatory pre-deposit requirement under Section 43(5) of the Act.
Tribunal Order #0901126027192023-07-05-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 18.01.2020 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%.
Tribunal Order #0901126027192023-16-08-2023
The Tribunal ruled that the amounts already recovered via a Recovery Certificate satisfy the compliance requirements of Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit.
Tribunal Order #0901126027192023-08-08-2023
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 6,42,855 to the Regulatory Authority, in support of an application 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 promoter is liable to pay delay interest to the allottee from 18.01.2020 until possession (excluding the COVID-19 force majeure period) at a 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 promoter is liable to pay delay interest to the allottee from 18.01.2020 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 18.01.2020 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 promoter is liable to pay delay interest to the allottee from 18.01.2020 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%.
The Tribunal ruled that the amounts already recovered via a Recovery Certificate satisfy the compliance requirements of Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit.
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 6,42,855 to the Regulatory Authority, in support of an application to waive the mandatory pre-deposit requirement under Section 43(5) of the Act.
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