Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Mamta Singh
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 0901126041702022 by U.P. Awas Evam Vikas Parishad against Mamta Singh before up_rera.
for delivery of Judgment/Order
The Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
For Order
The Tribunal heard arguments from the counsels representing both the appellant and the respondent and subsequently reserved the judgment.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay and directed that orders be perused from a related case (Appeal No. D 98/2023).
Hearing
The court heard arguments regarding the application for condonation of delay and has reserved its order on the matter.
Hearing
The Tribunal has granted a request to list the defective appeal for consideration of an application for condonation of delay on 01.03.2024.
Hearing
The Tribunal has scheduled the defective appeal for consideration of the application for condonation of delay on 21.02.2024.
Hearing
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.
Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the appeal hearing to 04.09.2023.
Delay condonation
The Tribunal has rescheduled the hearing for the defective appeal to 10.08.2023 to consider the application for condonation of delay, following a joint request from both parties' counsels.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 14.07.2023.
Delay condonation
The Tribunal granted the appellant's counsel 10 days to file a reply to the respondent's objections and scheduled the case for orders on December 6, 2022.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the next hearing for November 10, 2022.
Notice
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal, with a subsequent timeline set for the appellant's reply. The matter is scheduled for hearing on 29.09.2022.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the applicant to serve the notice and appeal documents via speed-post and email.
Tribunal Order #0901126041702022-24-05-2024
The Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of 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)
- N N Pandey
Respondent Advocate(s)
- Ram Nath Pandey
Official RERA Tribunal Orders (1)
The Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
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