Appellant / Complainant
Samiah International Builders Pvt. Ltd.
Respondent
Sameer Kumar
samiah international builders pvt. ltd.
₹12,70,589
Appellant
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 0901126028442023 by Samiah International Builders Pvt. Ltd. against Sameer Kumar before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession for an allottee staying in a project; instead, such authority lies with the Regulatory Authority.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and the appeal itself, subsequently reserving the judgment for future delivery.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objection regarding the application for condonation of delay and scheduled the matter for hearing on 29.07.2024.
Delay condonation
The Tribunal granted a one-week extension to the appellant for filing a reply to the respondent's objections and adjourned the hearing for the application for condonation of delay to 30.04.2024.
Delay condonation
The Tribunal granted an adjournment request from the appellant's counsel and rescheduled the hearing for the application for condonation of delay to 28.03.2024.
Delay condonation
The Tribunal has listed a defective appeal for consideration of an application for condonation of delay and a subsequent hearing on 23.02.2024.
Delay condonation
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 12.10.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the applicant to comply with service requirements following a deposit made under Section 43(5) of the Act.
Tribunal Order #0901126028442023-19-11-2024
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession for an allottee staying in a project; instead, such authority lies with the Regulatory Authority.
Tribunal Order #0901126028442023-13-07-2023
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the applicant to comply with service requirements following a deposit made under Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession for an allottee staying in a project; instead, such authority lies with the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession for an allottee staying in a project; instead, such authority lies with the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
Respondent Advocate(s)
- Saurabh Mishra
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession for an allottee staying in a project; instead, such authority lies with the Regulatory Authority.
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the applicant to comply with service requirements following a deposit made under Section 43(5) of the Act.
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