Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Bharat Bhushan
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 0901126050162022 by U.P. Awas Evam Vikas Parishad against Bharat Bhushan before up_rera.
Delay condonation
The Tribunal dismissed the appeal filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's order for the payment of interest (MCLR+1% p.a.) to the respondent due to delayed possession. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Delay condonation
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections or appear in court, and scheduled the matter for hearing on the application for condonation of delay on 18.01.2024.
Delay condonation
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and scheduled the defective appeal for hearing on 12.10.2023.
Delay condonation
The Tribunal granted a request by the appellant's counsel to adjourn the matter and rescheduled the appeal for hearing on 04.09.2023.
Delay condonation
The Tribunal adjourned the matter to 10.08.2023 for consideration of an application for condonation of delay and further hearing.
Delay condonation
The Tribunal ruled that service of notice to the respondent was sufficient via post and email, and granted the respondent 10 days to file objections to the condonation of delay application and the grounds of appeal.
Delay condonation
The Tribunal granted the appellant three days to file an affidavit of service and scheduled the case for hearing on 18.04.2023.
Delay condonation
The Tribunal granted the appellant one week's time to file a fresh affidavit of service including postal receipts and email transmission reports, and scheduled the matter for orders on 12.04.2023.
Delay condonation
The Tribunal directed the applicant's counsel to resolve any defects regarding a missing affidavit of service on the portal and scheduled the matter for orders on 03.04.2023.
Delay condonation
The Tribunal granted the appellant's counsel an additional week to file an affidavit of service and scheduled the matter for orders on 29.03.2023.
Delay condonation
The Tribunal granted a one-week extension to the appellant for filing an affidavit of service and scheduled the case for hearing on 16.03.2023.
Delay condonation
The Tribunal noted that no time remained for the hearing and ordered the defective appeal to be listed on 16.01.2023 for further orders.
Delay condonation
The Tribunal noted the respondent's absence despite successful notice delivery and granted the appellant a short extension to file an affidavit of service, adjourning the matter to 14.11.2022.
Delay condonation
The Tribunal adjourned the matter to 31.10.2022 for the disposal of a delay condonation application and any related objections.
Delay condonation
The Tribunal issued a notice regarding the application for condonation of delay and directed the parties to exchange documents via email and speed-post before the next hearing on 23.09.2022.
Tribunal Order #0901126050162022-18-01-2024
The Tribunal dismissed the appeal filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's order for the payment of interest (MCLR+1% p.a.) to the respondent due to delayed possession. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126050162022-16-01-2024
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections or appear in court, and scheduled the matter for hearing on the application for condonation of delay on 18.01.2024.
Tribunal Order #0901126050162022-18-04-2023
The Tribunal ruled that service of notice to the respondent was sufficient via post and email, and granted the respondent 10 days to file objections to the condonation of delay application and the grounds of appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's order for the payment of interest (MCLR+1% p.a.) to the respondent due to delayed possession. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's order for the payment of interest (MCLR+1% p.a.) to the respondent due to delayed possession. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1% p.a.
Interest Period
from 02.03.2018 till offer of possession i.e. 23.09.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Official RERA Tribunal Orders (3)
The Tribunal dismissed the appeal filed by U.P. Awas Evam Vikas Parishad, upholding the Regulatory Authority's order for the payment of interest (MCLR+1% p.a.) to the respondent due to delayed possession. The Tribunal further directed that the pre-deposited amount under Section 43(5) be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections or appear in court, and scheduled the matter for hearing on the application for condonation of delay on 18.01.2024.
The Tribunal ruled that service of notice to the respondent was sufficient via post and email, and granted the respondent 10 days to file objections to the condonation of delay application and the grounds of appeal.
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