up_reraStatus: Completed
CASE ID: 0901126033912023

Appellant / Complainant

Bhupendra Singh

VS

Respondent

UP Avas Evam Vikas Parishad

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestJurisdiction & Maintainability

Case Procedural History & Progression Tree

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

16 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126033912023 by Bhupendra Singh against UP Avas Evam Vikas Parishad before up_rera.

Delay in PossessionDelay Compensation / InterestJurisdiction & Maintainability
2
Stage 117/10/2024

Hearing

The Tribunal set aside the Regulatory Authority's order, ruling that executing a sale deed or taking possession does not waive an allottee's statutory right to claim interest for project delays under Section 18 of the Act. The Respondent is directed to pay interest at MCLR+1% for the delay period from 01.03.2015 to 28.02.2019 within 45 days.

3
Stage 209/09/2024

Hearing

The Tribunal granted the appellant time to prepare arguments following the filing of a rejoinder and scheduled the appeal for final hearing on 17.10.2024.

4
Stage 307/08/2024

Hearing

The Tribunal granted the appellant seven days to file a reply to the respondent's objections and scheduled the next hearing for September 9, 2024.

5
Stage 411/07/2024

Hearing

The Tribunal granted the appellant one week to file a rejoinder to the respondent's objections and scheduled the matter for hearing on 07.08.2024.

6
Stage 514/05/2024

Hearing

The Tribunal granted a final 10-day extension to the respondent for filing objections and directed the exchange of documents via email before the next hearing on July 11, 2024.

7
Stage 612/04/2024

Admission

The Tribunal granted a 10-day extension to the respondent for filing objections due to an adjournment request by the appellant's counsel and scheduled the next hearing for May 14, 2024.

8
Stage 703/04/2024

Admission

The Tribunal has ordered the appeal to be listed for admission on 12.04.2024.

9
Stage 806/03/2024

Admission

The Tribunal closed the respondent's opportunity to file objections due to their failure to appear or respond despite sufficient notice and automated digital communication. The matter is scheduled for hearing on 03.04.2024.

10
Stage 929/01/2024

Admission

The Tribunal treated the service of notice on the respondent as sufficient and granted a 10-day extension for filing objections, with the next hearing scheduled for 06.03.2024.

11
Stage 1024/01/2024

Admission

The Tribunal granted the appellant three days to file a transaction report proving service of notice via email and scheduled the matter for orders on 29.01.2024.

12
Stage 1126/09/2023

Admission

The Tribunal granted the appellant seven days to file an affidavit of service and scheduled the appeal for hearing on 03.10.2023.

13
Stage 1210/08/2023

Admission

The Tribunal issued a notice to the respondent and outlined specific procedural instructions for the appellant regarding service of process via speed-post and email.

14
Stage 13Interim Order

Tribunal Order #0901126033912023-06-03-2024

The Tribunal closed the respondent's opportunity to file objections due to their failure to appear or respond despite sufficient notice and automated digital communication. The matter is scheduled for hearing on 03.04.2024.

15
Stage 14Final Ruling Order

Tribunal Order #0901126033912023-17-10-2024

The Tribunal set aside the Regulatory Authority's order, ruling that executing a sale deed or taking possession does not waive an allottee's statutory right to claim interest for project delays under Section 18 of the Act. The Respondent is directed to pay interest at MCLR+1% for the delay period from 01.03.2015 to 28.02.2019 within 45 days.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal set aside the Regulatory Authority's order, ruling that executing a sale deed or taking possession does not waive an allottee's statutory right to claim interest for project delays under Section 18 of the Act. The Respondent is directed to pay interest at MCLR+1% for the delay period from 01.03.2015 to 28.02.2019 within 45 days. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.

Disposal Winner: AppellantInterest Rate: MCLR+1%Status: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal set aside the Regulatory Authority's order, ruling that executing a sale deed or taking possession does not waive an allottee's statutory right to claim interest for project delays under Section 18 of the Act. The Respondent is directed to pay interest at MCLR+1% for the delay period from 01.03.2015 to 28.02.2019 within 45 days.

Ruling Awarded To

Appellant

Awarded Interest Rate

MCLR+1%

Interest Period

from 01.03.2015 to 28.02.2019

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • V.K Singh

Respondent Advocate(s)

  • Nn Pandey

Official RERA Tribunal Orders (2)

INTERIM_ORDEROrder ID: 0901126033912023-06-03-2024

The Tribunal closed the respondent's opportunity to file objections due to their failure to appear or respond despite sufficient notice and automated digital communication. The matter is scheduled for hearing on 03.04.2024.

FINAL_ORDEROrder ID: 0901126033912023-17-10-2024

The Tribunal set aside the Regulatory Authority's order, ruling that executing a sale deed or taking possession does not waive an allottee's statutory right to claim interest for project delays under Section 18 of the Act. The Respondent is directed to pay interest at MCLR+1% for the delay period from 01.03.2015 to 28.02.2019 within 45 days.

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