Appellant / Complainant
Mohammad Imran Khan
Respondent
Paarth Infrabuild Private Limited
paarth infrabuild private limited
₹17,35,630
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 0901126057632022 by Mohammad Imran Khan against Paarth Infrabuild Private Limited before up_rera.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 25.05.2026.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal, ruling that 'assured return' or commercial profit-driven arrangements fall outside the regulatory domain of the RERA Act 2016 and confirming that the Covid-19 pandemic constitutes a valid force majeure period for interest calculations.
Hearing
The Tribunal condoned a six-day delay in filing the appeal and proceeded to hear arguments regarding the appellant's challenge against the Regulatory Authority's decision on force majeure interest deductions and the non-admissibility of assured returns.
Hearing
The Tribunal granted an adjournment to the respondent's counsel on health grounds but scheduled the matter for an ex-parte hearing on 20.03.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for March 4, 2024.
Hearing
The tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing/orders on 27.10.2023.
Notice
The Tribunal decided to proceed ex-parte against the respondent, Paarth Infrabuild Private Limited, due to their failure to file objections or appear despite being granted sufficient time. The matter is scheduled for hearing on the application for condonation of delay on 27.07.2023.
Notice
The Tribunal ruled that service of notice to the respondent was sufficient via post and email, granting the respondent 10 days to file objections to the condonation of delay application and the appeal grounds.
Delay condonation
The Tribunal issued a notice to the respondent regarding an application for condonation of delay and scheduled the matter for hearing on 04.11.2022.
Tribunal Order #0901126057632022-07-05-2024
The Appellate Tribunal dismissed the appeal, ruling that 'assured return' or commercial profit-driven arrangements fall outside the regulatory domain of the RERA Act 2016 and confirming that the Covid-19 pandemic constitutes a valid force majeure period for interest calculations.
Tribunal Order #0901126057632022-20-03-2024
The Tribunal condoned a six-day delay in filing the appeal and proceeded to hear arguments regarding the appellant's challenge against the Regulatory Authority's decision on force majeure interest deductions and the non-admissibility of assured returns.
Tribunal Order #0901126057632022-05-07-2023
The Tribunal decided to proceed ex-parte against the respondent, Paarth Infrabuild Private Limited, due to their failure to file objections or appear despite being granted sufficient time. The matter is scheduled for hearing on the application for condonation of delay on 27.07.2023.
Tribunal Order #0901126057632022-27-04-2023
The Tribunal ruled that service of notice to the respondent was sufficient via post and email, granting the respondent 10 days to file objections to the condonation of delay application and the appeal grounds.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal, ruling that 'assured return' or commercial profit-driven arrangements fall outside the regulatory domain of the RERA Act 2016 and confirming that the Covid-19 pandemic constitutes a valid force majeure period for interest calculations. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% as fixed by the State Bank of India.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal, ruling that 'assured return' or commercial profit-driven arrangements fall outside the regulatory domain of the RERA Act 2016 and confirming that the Covid-19 pandemic constitutes a valid force majeure period for interest calculations.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% as fixed by the State Bank of India
Interest Period
from 11.04.2019 till the date of giving actual possession of the Unit, excluding the period from 25.03.2020 to 25.09.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surangama Sharma
Respondent Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
Official RERA Tribunal Orders (4)
The Appellate Tribunal dismissed the appeal, ruling that 'assured return' or commercial profit-driven arrangements fall outside the regulatory domain of the RERA Act 2016 and confirming that the Covid-19 pandemic constitutes a valid force majeure period for interest calculations.
The Tribunal condoned a six-day delay in filing the appeal and proceeded to hear arguments regarding the appellant's challenge against the Regulatory Authority's decision on force majeure interest deductions and the non-admissibility of assured returns.
The Tribunal decided to proceed ex-parte against the respondent, Paarth Infrabuild Private Limited, due to their failure to file objections or appear despite being granted sufficient time. The matter is scheduled for hearing on the application for condonation of delay on 27.07.2023.
The Tribunal ruled that service of notice to the respondent was sufficient via post and email, granting the respondent 10 days to file objections to the condonation of delay application and the appeal grounds.
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