Appellant / Complainant
U.P. State Industrial Development Authority
Respondent
Ved Prakash Sharma
₹36,77,500
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 0901126049162023 by U.P. State Industrial Development Authority against Ved Prakash Sharma before up_rera.
Hearing
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by UPSIDC, affirming that the promoter is liable to pay delay interest at MCLR+1% from January 1, 2017, until possession or certificate issuance, ruling that subsequent RERA declarations cannot retract initial completion commitments.
Delay condonation
The Tribunal allowed the appellant's application for condonation of delay in filing the appeal, subject to a cost of Rs. 1000/-, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal allowed a recall application to set aside an order imposing a cost of Rs. 5000/- on the appellant's counsel due to non-appearance caused by health issues.
Delay condonation
The Tribunal adjourned the appeal due to the absence of the appellant's counsel and imposed a cost of Rs. 5,000/- to be paid by the appellant to the respondent.
Delay condonation
This is a procedural order directing the parties to refer to a previously passed order dated in Appeal No. D 662/2023.
Delay condonation
The Tribunal granted a request by the appellant's counsel to adjourn the matter and rescheduled the appeal for hearing on 13.11.2024.
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 16.10.2024.
Delay condonation
The Tribunal granted the appellant's counsel a final opportunity to file a reply to the respondent's objections and scheduled the defective appeal for orders on September 5, 2024.
Delay condonation
The Tribunal granted the appellant's counsel a one-week extension to file a reply to the respondent's objection and scheduled the matter for orders on 29.07.2024.
Delay condonation
The Tribunal refers to a previous order passed in appeal No. D 660/2023 for the current orders.
Delay condonation
The Tribunal granted the respondent an additional week to file objections to the grounds of appeal and directed the exchange of soft copies between counsel before listing the matter for hearing on March 29, 2024.
Delay condonation
The Tribunal granted 10 days to the respondent to file a reply to objections and scheduled the defective appeal for consideration of condonation of delay on 23.02.2024.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of a 90-day delay in filing the appeal, following the appellant's deposit of Rs. 14,51,277/- as required under Section 43(5) of the Act.
Tribunal Order #0901126049162023-29-01-2025
The Tribunal allowed a recall application to set aside an order imposing a cost of Rs. 5000/- on the appellant's counsel due to non-appearance caused by health issues.
Tribunal Order #0901126049162023-26-03-2025
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by UPSIDC, affirming that the promoter is liable to pay delay interest at MCLR+1% from January 1, 2017, until possession or certificate issuance, ruling that subsequent RERA declarations cannot retract initial completion commitments.
Tribunal Order #0901126049162023-21-02-2025
The Tribunal allowed the appellant's application for condonation of delay in filing the appeal, subject to a cost of Rs. 1000/-, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126049162023-11-12-2024
The Tribunal adjourned the appeal due to the absence of the appellant's counsel and imposed a cost of Rs. 5,000/- to be paid by the appellant to the respondent.
Tribunal Order #0901126049162023-18-12-2023
The Tribunal issued notice to the respondent regarding an application for condonation of a 90-day delay in filing the appeal, following the appellant's deposit of Rs. 14,51,277/- as required under Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by UPSIDC, affirming that the promoter is liable to pay delay interest at MCLR+1% from January 1, 2017, until possession or certificate issuance, ruling that subsequent RERA declarations cannot retract initial completion commitments. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by UPSIDC, affirming that the promoter is liable to pay delay interest at MCLR+1% from January 1, 2017, until possession or certificate issuance, ruling that subsequent RERA declarations cannot retract initial completion commitments.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.01.2017 till development certificate/ completion certificate or till handing over the possession whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shuchita Singh
- Sanjeev Singh
Respondent Advocate(s)
- Deepak Dwivedi
Official RERA Tribunal Orders (5)
The Tribunal allowed a recall application to set aside an order imposing a cost of Rs. 5000/- on the appellant's counsel due to non-appearance caused by health issues.
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by UPSIDC, affirming that the promoter is liable to pay delay interest at MCLR+1% from January 1, 2017, until possession or certificate issuance, ruling that subsequent RERA declarations cannot retract initial completion commitments.
The Tribunal allowed the appellant's application for condonation of delay in filing the appeal, subject to a cost of Rs. 1000/-, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal adjourned the appeal due to the absence of the appellant's counsel and imposed a cost of Rs. 5,000/- to be paid by the appellant to the respondent.
The Tribunal issued notice to the respondent regarding an application for condonation of a 90-day delay in filing the appeal, following the appellant's deposit of Rs. 14,51,277/- as required under Section 43(5) of the Act.
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