Appellant / Complainant
Air Force Naval Housing Board
Respondent
Wg Cdr Asheesh Pandit
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 0901126027682021 by Air Force Naval Housing Board against Wg Cdr Asheesh Pandit before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed 48 appeals filed by the Air Force Naval Housing Board, upholding the RERA's order for interest at MCLR+1% due to delayed possession, and directed that the appellant's pre-deposited funds be transferred to U.P. RERA for distribution to allottees.
Hearing
This is a procedural order noting that the directions for orders can be found in a previously passed order dated in Appeal No. D 21/2023.
Hearing
The Tribunal granted the appellant's counsel additional time to conduct research regarding the condonation of delay and rescheduled the hearing for 15.02.2024, with a strict directive that no further adjournments will be permitted.
Hearing
The Tribunal heard arguments from counsel for both parties and ordered the matter to be listed for the next hearing on 13.02.2024.
For Order
The Tribunal listed the case for consideration of an application for condonation of delay and scheduled a hearing for July 12, 2023.
For Order
The Tribunal allowed the appellant's application to amend the prayer clause, limiting the challenge specifically to the Regulatory Authority's direction regarding the grant of interest for delayed possession.
Notice
The Tribunal granted the appellant two weeks to file a reply to the respondent's objections regarding the condonation of delay and scheduled the matter for hearing on 14.12.2022.
Hearing
The Tribunal issued notice to the respondent and directed the applicant to serve the appeal documents via speed-post and email, scheduling the next hearing for 13.10.2022.
Defect Removal
The appeal was dismissed due to the appellant's failure to comply with the mandatory provisions of Section 43(5) of the Act, with liberty granted to the appellant to move an application for a refund of the deposited amount.
Defect Removal
The Tribunal granted the applicant a final opportunity to comply with Section 43(5) of the Act, 2016, and adjourned the matter to 05.01.2022.
Tribunal Order #0901126027682021-07-05-2024
The Tribunal dismissed 48 appeals filed by the Air Force Naval Housing Board, upholding the RERA's order for interest at MCLR+1% due to delayed possession, and directed that the appellant's pre-deposited funds be transferred to U.P. RERA for distribution to allottees.
Tribunal Order #0901126027682021-14-12-2022
The Tribunal allowed the appellant's application to amend the prayer clause, limiting the challenge specifically to the Regulatory Authority's direction regarding the grant of interest for delayed possession.
Tribunal Order #0901126027682021-05-01-2022
The appeal was dismissed due to the appellant's failure to comply with the mandatory provisions of Section 43(5) of the Act, with liberty granted to the appellant to move an application for a refund of the deposited amount.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed 48 appeals filed by the Air Force Naval Housing Board, upholding the RERA's order for interest at MCLR+1% due to delayed possession, and directed that the appellant's pre-deposited funds be transferred to U.P. RERA for distribution to allottees. The appeal was dismissed due to the appellant's failure to comply with the mandatory provisions of Section 43(5) of the Act, with liberty granted to the appellant to move an application for a refund of the deposited amount. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed 48 appeals filed by the Air Force Naval Housing Board, upholding the RERA's order for interest at MCLR+1% due to delayed possession, and directed that the appellant's pre-deposited funds be transferred to U.P. RERA for distribution to allottees. The appeal was dismissed due to the appellant's failure to comply with the mandatory provisions of Section 43(5) of the Act, with liberty granted to the appellant to move an application for a refund of the deposited amount.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
w.e.f. 01.07.2012 till offer of possession or obtaining of OC whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harsh Vardhan
- Srajak Srivastava
Respondent Advocate(s)
- Rakesh Kumar Rana
- Rimjhim Rana Singh
Official RERA Tribunal Orders (3)
The Tribunal dismissed 48 appeals filed by the Air Force Naval Housing Board, upholding the RERA's order for interest at MCLR+1% due to delayed possession, and directed that the appellant's pre-deposited funds be transferred to U.P. RERA for distribution to allottees.
The Tribunal allowed the appellant's application to amend the prayer clause, limiting the challenge specifically to the Regulatory Authority's direction regarding the grant of interest for delayed possession.
The appeal was dismissed due to the appellant's failure to comply with the mandatory provisions of Section 43(5) of the Act, with liberty granted to the appellant to move an application for a refund of the deposited amount.
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