Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Yogesh Chandra Gupta
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 0901126054542022 by U.P. Awas Evam Vikas Parishad against Yogesh Chandra Gupta before up_rera.
for delivery of Judgment/Order
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession; such determination falls under the exclusive power of the Regulatory Authority.
For Order
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad against an order concerning interest for delayed possession and compensation for mental agony; the judgment has been reserved.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay and directed the parties to refer to a previous order passed in Appeal No. D 98/2023.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order.
Delay condonation
The Tribunal refers the parties to a previous order passed on Appeal No. 705/2022 for the relevant directions.
Delay condonation
The court has adjourned the hearing of Appeal-677/2022 to 03.11.2023, to be heard alongside Appeal No. 705/2022, following a joint request from the counsels for both parties.
Delay condonation
The Tribunal ordered the defective appeal to be listed alongside Appeal No. 705/2022 on September 20, 2023.
Delay condonation
The Tribunal granted a final one-week extension to the appellant's counsel to file a better affidavit for the condonation of delay and scheduled the next hearing for August 3, 2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a better affidavit regarding the application for condonation of delay and scheduled the matter for hearing on 23.05.2023.
For Order
The Tribunal granted extensions of time to both parties for filing replies and objections regarding the cross-appeals and applications for condonation of delay, scheduling the next hearing for 12.04.2023.
For Order
The Tribunal granted a 10-day extension to the appellant to comply with Section 43(5) of the Act, 2016, and directed the appellant to file a reply to the respondent's objection before the next hearing on 15.03.2023.
For Order
The Tribunal granted a 10-day extension to the appellant to comply with Section 43(5) of the Act and directed the respondent's counsel to file a reply to the uploaded objections within 10 days.
For Order
The Tribunal granted the appellant a one-week extension to ensure complete compliance with Section 43(5) of the Act following a rectification order by the Regulatory Authority.
For Order
The Tribunal directed the appellant to address potential deficiencies regarding compliance with Section 43(5) of the Act and granted the respondent time to file objections to the condonation of delay application and grounds of appeal.
Delay condonation
The Tribunal acknowledged the deposit of Rs. 1,57,468/- for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the application for condonation of delay, scheduling the next hearing for 20.10.2022.
Tribunal Order #0901126054542022-24-05-2024
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession; such determination falls under the exclusive power of the Regulatory Authority.
Tribunal Order #0901126054542022-21-05-2024
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad against an order concerning interest for delayed possession and compensation for mental agony; the judgment has been reserved.
Tribunal Order #0901126054542022-07-02-2023
The Tribunal granted a 10-day extension to the appellant to comply with Section 43(5) of the Act, 2016, and directed the appellant to file a reply to the respondent's objection before the next hearing on 15.03.2023.
Tribunal Order #0901126054542022-20-10-2022
The Tribunal directed the appellant to address potential deficiencies regarding compliance with Section 43(5) of the Act and granted the respondent time to file objections to the condonation of delay application and grounds of appeal.
Tribunal Order #0901126054542022-19-09-2022
The Tribunal acknowledged the deposit of Rs. 1,57,468/- for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the application for condonation of delay, scheduling the next hearing for 20.10.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession; 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 allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession; 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)
- Siddhartha Singh
Official RERA Tribunal Orders (5)
The Tribunal allowed eight appeals and set aside the orders of the Adjudicating Officer, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession; such determination falls under the exclusive power of the Regulatory Authority.
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad against an order concerning interest for delayed possession and compensation for mental agony; the judgment has been reserved.
The Tribunal granted a 10-day extension to the appellant to comply with Section 43(5) of the Act, 2016, and directed the appellant to file a reply to the respondent's objection before the next hearing on 15.03.2023.
The Tribunal directed the appellant to address potential deficiencies regarding compliance with Section 43(5) of the Act and granted the respondent time to file objections to the condonation of delay application and grounds of appeal.
The Tribunal acknowledged the deposit of Rs. 1,57,468/- for compliance with Section 43(5) of the Act and issued notice to the respondent regarding the application for condonation of delay, scheduling the next hearing for 20.10.2022.
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