Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Atul Kumar
₹20,88,000
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 0901126035792021 by U.P. Awas Evam Vikas Parishad against Atul Kumar before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Adjudicating Officer's order to pay interest as compensation for delayed possession of a flat, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee.
Hearing
The Tribunal heard arguments regarding the maintainability of a claim following the execution of a conveyance deed and reserved its judgment for a later date.
Delay condonation
The Tribunal granted an adjournment requested by the respondent due to personal difficulty and scheduled the appeal for a final hearing on 12.07.2022.
Delay condonation
Due to the absence of the appellant's counsel, the Tribunal scheduled the appeal for a hearing on 24.05.2022.
Delay condonation
The Tribunal condoned a 143-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the registry to register the defective appeal as a regular appeal.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the case for hearing on March 30, 2022.
Further Order
The Tribunal directed the appellant to file an affidavit of service regarding the notice served on the respondent and scheduled the case for a further hearing on 28.01.2022.
Further Order
The Tribunal granted an adjournment requested by the respondent's counsel and directed the respondent to file an objection against the appellant's limitation application within 10 days.
Delay condonation
The Tribunal granted the appellant one week to file an affidavit of service and scheduled the defective appeal for a hearing on 10.11.2021.
Delay condonation
The Tribunal issued a notice to the respondent regarding the application for condonation of delay and directed the parties to exchange pleadings via email and post before the next hearing on 18.10.2021.
Tribunal Order #0901126035792021-28-09-2022
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Adjudicating Officer's order to pay interest as compensation for delayed possession of a flat, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee.
Tribunal Order #0901126035792021-30-03-2022
The Tribunal condoned a 143-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the registry to register the defective appeal as a regular appeal.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Adjudicating Officer's order to pay interest as compensation for delayed possession of a flat, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Adjudicating Officer's order to pay interest as compensation for delayed possession of a flat, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 30.08.2015 to 01.11.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Akhand Pratap Singh
- Vijay Pratap Singh Chauhan
Respondent Advocate(s)
- Jay Krishna Shukla
Official RERA Tribunal Orders (2)
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by U.P. Avas Evam Vikas Parishad, upholding the Adjudicating Officer's order to pay interest as compensation for delayed possession of a flat, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement to the allottee.
The Tribunal condoned a 143-day delay in filing the appeal, citing COVID-19 pandemic relaxations granted by the Supreme Court, and directed the registry to register the defective appeal as a regular appeal.
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