Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Akhilesh 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 0901126059282022 by U.P. Awas Evam Vikas Parishad against Akhilesh Singh before up_rera.
for delivery of Judgment/Order
The Tribunal allowed eight appeals and set aside 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 the matter and reserved judgment on May 21, 2024.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay and referred to a previous order passed in Appeal No. D 98/2023 regarding the substantive orders.
Hearing
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order.
Hearing
This is a procedural order referring the matter to a previous order passed in Appeal No. D 319/2023.
Hearing
The Tribunal granted a request for more time to the respondent's counsel for research and adjourned the matter to 07.11.2023 to consider the application for condonation of delay.
Hearing
The Tribunal directed the applicant's counsel to prepare for a hearing on 26.09.2023 with relevant case law and listed the defective appeal for orders/hearing on that date following a joint request from both parties.
For Order
The proceedings were adjourned at the request of the respondent's counsel, with the defective appeal scheduled for hearing on 21.08.2023 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent's counsel time to examine the judgments submitted by the appellant and adjourned the defective appeal to 05.07.2023 for hearing.
Delay condonation
The Tribunal granted a request to adjourn the matter to 04.07.2023 to allow the appellant's counsel to make submissions regarding an application for condonation of delay and its supporting supplementary affidavit.
Delay condonation
The Tribunal granted the appellant a one-week extension to file a better affidavit for the condonation of delay and directed the respondent to file objections within a week thereafter.
Delay condonation
The Tribunal granted the applicant one week to file a better affidavit regarding their application for condonation of delay and scheduled the matter for hearing on 16.05.2023.
Delay condonation
The Tribunal granted the appellant's counsel one week to prepare his brief and scheduled the matter for hearing on 12.04.2023 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit for condonation of delay and directed the respondent to file a reply within a week after receiving the soft copy.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the defective appeal for hearing and condonation of delay on 30.01.2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on 21.12.2022 regarding the application for condonation of delay.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the appellant to serve the notice and appeal documents via speed post and email.
Tribunal Order #0901126059282022-24-05-2024
The Tribunal allowed eight appeals and set aside 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 allowed eight appeals and set aside 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 allowed eight appeals and set aside 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)
- Amit Yadav
- Pramod Kumar Sinha
Official RERA Tribunal Orders (1)
The Tribunal allowed eight appeals and set aside 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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