Appellant / Complainant
Air Force Naval Housing Board
Respondent
Deepak Tyagi
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 0901126032152021 by Air Force Naval Housing Board against Deepak Tyagi before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed 48 appeals filed by the Air Force Naval Housing Board, upholding UP RERA's orders for interest on delayed possession at MCLR+1% and directing that pre-deposited funds be transferred to UP RERA for distribution to allottees.
Hearing
The Tribunal refers the parties to a previous order passed in Appeal No. D 21/2023 regarding the current matter.
For Order
The Tribunal refers the parties to a previous order passed in Appeal No. D 866/2021 regarding the orders for this matter.
For Order
The Tribunal has ordered the matter to be put up for hearing on the following day, 13.02.2024.
Delay condonation
The Tribunal has listed the case for hearing on 12.07.2023 to consider an application for condonation of delay.
Delay condonation
The Tribunal allowed the applicant's application to amend the prayer clause, limiting the challenge specifically to the Regulatory Authority's direction regarding interest for delayed possession.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections regarding the condonation of delay and directed the submission of the reply via email and the e-portal.
Notice
The Tribunal permitted the appellant to file an application for service of notice via publication after postal service failed, and adjourned the defective appeal to 02.12.2022.
Hearing
The Tribunal issued a notice to the respondent for the appeal and directed the applicant to serve the notice via speed-post and email, with the matter listed for hearing on 13.10.2022.
Defect Removal
The appeal was dismissed because the applicant failed to comply with the mandatory provisions of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Tribunal Order #0901126032152021-07-05-2024
The Tribunal dismissed 48 appeals filed by the Air Force Naval Housing Board, upholding UP RERA's orders for interest on delayed possession at MCLR+1% and directing that pre-deposited funds be transferred to UP RERA for distribution to allottees.
Tribunal Order #0901126032152021-15-12-2021
The appeal was dismissed because the applicant failed to comply with the mandatory provisions of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Tribunal Order #0901126032152021-14-12-2022
The Tribunal allowed the applicant's application to amend the prayer clause, limiting the challenge specifically to the Regulatory Authority's direction regarding interest for delayed possession.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed 48 appeals filed by the Air Force Naval Housing Board, upholding UP RERA's orders for interest on delayed possession at MCLR+1% and directing that pre-deposited funds be transferred to UP RERA for distribution to allottees. The appeal was dismissed because the applicant failed to comply with the mandatory provisions of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. 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 UP RERA's orders for interest on delayed possession at MCLR+1% and directing that pre-deposited funds be transferred to UP RERA for distribution to allottees. The appeal was dismissed because the applicant failed to comply with the mandatory provisions of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
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)
- Kushagra Dikshit
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 UP RERA's orders for interest on delayed possession at MCLR+1% and directing that pre-deposited funds be transferred to UP RERA for distribution to allottees.
The appeal was dismissed because the applicant failed to comply with the mandatory provisions of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
The Tribunal allowed the applicant's application to amend the prayer clause, limiting the challenge specifically to the Regulatory Authority's direction regarding interest for delayed possession.
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