Appellant / Complainant
Rise Projects Pvt Ltd
Respondent
Ranjan Saha
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 0901126028232023 by Rise Projects Pvt Ltd against Ranjan Saha before up_rera.
Delay condonation
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatorily obligated to pay delay interest to the allottee from 21.01.2020 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
Delay condonation
The court 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 requested by the appellant's counsel and scheduled the next hearing for 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, following a joint request from their respective counsels.
Delay condonation
The Tribunal has adjourned the appeal to 26.11.2024 due to the illness of the counsels representing the appellant.
Delay condonation
The Tribunal noted that pleadings have been exchanged and adjourned the matter to 21.10.2024 for orders/hearing following a request for time by the respondent's counsel.
Delay condonation
The Tribunal has adjourned the appeal to 11.09.2024 for orders/hearing following a joint request from the counsel for both parties.
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 respondent a final 7-day extension to file objections, after which the applicant may file a reply, and scheduled the matter for hearing on 07.08.2024.
Delay condonation
The Tribunal granted both parties extensions of 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 final 10-day extension 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
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 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 defective appeal for consideration of the condonation of delay 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 listed for hearing on 02.11.2023.
Delay condonation
The Tribunal ruled that amounts already recovered via a Recovery Certificate shall be treated as compliance with Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit. Additionally, the Tribunal issued notice to the respondent regarding the application for condonation of delay.
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. 5,83,107 to support their application for a waiver of the mandatory deposit required under Section 43(5) of the Act.
Tribunal Order #0901126028232023-07-05-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatorily obligated to pay delay interest to the allottee from 21.01.2020 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
Tribunal Order #0901126028232023-16-08-2023
The Tribunal ruled that amounts already recovered via a Recovery Certificate shall be treated as compliance with Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit. Additionally, the Tribunal issued notice to the respondent regarding the application for condonation of delay.
Tribunal Order #0901126028232023-08-08-2023
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 5,83,107 to support their application for a waiver of the mandatory 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 mandatorily obligated to pay delay interest to the allottee from 21.01.2020 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 promoter is mandatorily obligated to pay delay interest to the allottee from 21.01.2020 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. 21.01.2020 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 mandatorily obligated to pay delay interest to the allottee from 21.01.2020 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
The Tribunal ruled that amounts already recovered via a Recovery Certificate shall be treated as compliance with Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit. Additionally, the Tribunal issued notice to the respondent regarding the application for condonation of delay.
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 5,83,107 to support their application for a waiver of the mandatory deposit required under Section 43(5) of the Act.
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