up_reraStatus: Completed
CASE ID: 0901126028522021

Appellant / Complainant

Alok Kumar

VS

Respondent

Paarth Infrabuild Private Ltd

Developer Firm

paarth infrabuild private ltd

Disputed Amount

5,00,000

Disposal Award

Respondent

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestPromotional MisrepresentationJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

27 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126028522021 by Alok Kumar against Paarth Infrabuild Private Ltd before up_rera.

Delay in PossessionDelay Compensation / InterestPromotional MisrepresentationJurisdiction & Maintainability
2
Stage 130/05/2023

for delivery of Judgment/Order

The Tribunal dismissed the appeal, ruling that under Section 18 of the RERA Act 2016, an allottee who chooses to stay in a project is entitled only to prescribed interest for delayed possession and cannot seek additional 'compensation' from the Adjudicating Officer.

3
Stage 204/01/2023

Hearing

No text available.

4
Stage 302/12/2022

Hearing

The Tribunal granted a request from the counsel for both parties to reschedule the hearing of Appeal-525/2021 to 04.01.2023.

5
Stage 407/11/2022

Hearing

The Tribunal adjourned the appeal to 02.12.2022 due to the absence of the respondent's counsel and issued a warning that the matter will be heard ex-parte if no one appears on the next date.

6
Stage 528/09/2022

Hearing

This text represents the header/caption of an appeal filed by Alok Kumar against Paarth Infrabuild Private Ltd before the U.P. Real Estate Appellate Tribunal, but it does not contain the substantive ruling or directive of the order.

7
Stage 609/09/2022

Hearing

No text available.

8
Stage 717/08/2022

Hearing

The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for 09.09.2022.

9
Stage 805/07/2022

Hearing

The Tribunal directed the respondent to appear at the next hearing through a Director or Authorized Representative empowered to make final decisions regarding a potential settlement concerning compensation for delayed possession.

10
Stage 928/04/2022

Hearing

The Tribunal directed the respondent to file a list of dates and events within 10 days and scheduled the appeal for hearing on July 5, 2022.

11
Stage 1015/04/2022

Hearing

No text available.

12
Stage 1122/02/2022

Hearing

The Tribunal directed both parties to file and exchange a list of dates and events and scheduled the matter for further hearing on 15.04.2022.

13
Stage 1212/01/2022

Hearing

No text available.

14
Stage 1315/12/2021

Final Hearing

The Tribunal directed the respondent to file an affidavit within 10 days providing the NOCs annexed to their CC/OC application to verify the legality of the possession offer made to the appellant.

15
Stage 1403/12/2021

Final Hearing

The Tribunal noted that pleadings have been exchanged and adjourned the matter to 15.12.2021 for final hearing before Bench No. 1.

16
Stage 1515/11/2021

Hearing on Appeal

The Tribunal summoned the record from the Adjudicating Officer and scheduled the appeal for a final hearing on 03.12.2021 following the submission of maps, sanctioned plans, and replies by the appellant.

17
Stage 1618/10/2021

Hearing on Appeal

The Tribunal directed the appellant to produce evidence regarding plan deviations and compensation claims, while ordering the Registry to summon the original adjudication records for the next hearing on 15.11.2021.

18
Stage 1724/09/2021

Hearing on Appeal

The Tribunal adjourned the case due to the respondent's counsel's absence and imposed a cost of Rs. 1,000/- payable to the appellant for the inconvenience caused.

19
Stage 1831/08/2021

Delay condonation

The Tribunal condoned the delay in filing the appeal, ruling that since the appeal was uploaded on the e-portal within the prescribed time, it is treated as filed within the period of limitation. The Registry is directed to convert the defective appeal into a regular appeal.

20
Stage 1906/08/2021

Delay condonation

The Tribunal issued notice on the application for condonation of delay and directed the parties to exchange pleadings via email and upload them to the e-portal before the next hearing on 31.08.2021.

21
Stage 20Final Ruling Order

Tribunal Order #0901126028522021-30-05-2023

The Tribunal dismissed the appeal, ruling that under Section 18 of the RERA Act 2016, an allottee who chooses to stay in a project is entitled only to prescribed interest for delayed possession and cannot seek additional 'compensation' from the Adjudicating Officer.

22
Stage 21Interim Order

Tribunal Order #0901126028522021-18-10-2021

The Tribunal directed the appellant to produce evidence regarding plan deviations and compensation claims, while ordering the Registry to summon the original adjudication records for the next hearing on 15.11.2021.

23
Stage 22Interim Order

Tribunal Order #0901126028522021-24-09-2021

The Tribunal adjourned the case due to the respondent's counsel's absence and imposed a cost of Rs. 1,000/- payable to the appellant for the inconvenience caused.

24
Stage 23Interim Order

Tribunal Order #0901126028522021-31-08-2021

The Tribunal condoned the delay in filing the appeal, ruling that since the appeal was uploaded on the e-portal within the prescribed time, it is treated as filed within the period of limitation. The Registry is directed to convert the defective appeal into a regular appeal.

25
Stage 24Interim Order

Tribunal Order #0901126028522021-05-07-2022

The Tribunal directed the respondent to appear at the next hearing through a Director or Authorized Representative empowered to make final decisions regarding a potential settlement concerning compensation for delayed possession.

26
Stage 25Interim Order

Tribunal Order #0901126028522021-15-12-2021

The Tribunal directed the respondent to file an affidavit within 10 days providing the NOCs annexed to their CC/OC application to verify the legality of the possession offer made to the appellant.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal dismissed the appeal, ruling that under Section 18 of the RERA Act 2016, an allottee who chooses to stay in a project is entitled only to prescribed interest for delayed possession and cannot seek additional 'compensation' from the Adjudicating Officer. Awarded in favor of Respondent.

Disposal Winner: RespondentStatus: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal dismissed the appeal, ruling that under Section 18 of the RERA Act 2016, an allottee who chooses to stay in a project is entitled only to prescribed interest for delayed possession and cannot seek additional 'compensation' from the Adjudicating Officer.

Ruling Awarded To

Respondent

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 12Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Anurag Arora

Respondent Advocate(s)

  • Rajiv Shukla
  • Suyash Bajpai
  • Anuj Garg

Official RERA Tribunal Orders (6)

FINAL_ORDEROrder ID: 0901126028522021-30-05-2023

The Tribunal dismissed the appeal, ruling that under Section 18 of the RERA Act 2016, an allottee who chooses to stay in a project is entitled only to prescribed interest for delayed possession and cannot seek additional 'compensation' from the Adjudicating Officer.

INTERIM_ORDEROrder ID: 0901126028522021-18-10-2021

The Tribunal directed the appellant to produce evidence regarding plan deviations and compensation claims, while ordering the Registry to summon the original adjudication records for the next hearing on 15.11.2021.

INTERIM_ORDEROrder ID: 0901126028522021-24-09-2021

The Tribunal adjourned the case due to the respondent's counsel's absence and imposed a cost of Rs. 1,000/- payable to the appellant for the inconvenience caused.

INTERIM_ORDEROrder ID: 0901126028522021-31-08-2021

The Tribunal condoned the delay in filing the appeal, ruling that since the appeal was uploaded on the e-portal within the prescribed time, it is treated as filed within the period of limitation. The Registry is directed to convert the defective appeal into a regular appeal.

INTERIM_ORDEROrder ID: 0901126028522021-05-07-2022

The Tribunal directed the respondent to appear at the next hearing through a Director or Authorized Representative empowered to make final decisions regarding a potential settlement concerning compensation for delayed possession.

INTERIM_ORDEROrder ID: 0901126028522021-15-12-2021

The Tribunal directed the respondent to file an affidavit within 10 days providing the NOCs annexed to their CC/OC application to verify the legality of the possession offer made to the appellant.

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