Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Pushpa Rai
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 0901126059342021 by U.P. Awas Evam Vikas Parishad against Pushpa Rai before up_rera.
for delivery of Judgment/Order
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Hearing
The Tribunal heard arguments regarding a jurisdictional challenge to an Adjudicating Officer's order and has reserved its judgment.
Hearing
The Tribunal listed this defective appeal, along with several similar appeals, for hearing/orders on 16.05.2024.
Hearing
The Tribunal has scheduled the appeal for a hearing on 10.05.2024, noting that similar matters are listed for that date.
Hearing
The Tribunal has adjourned the appeal to 07.05.2024 to allow the respondent's counsel time to conduct research regarding interest and compensation for delay in possession.
Hearing
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer regarding compensation claims under Section 18 of the Act.
Hearing
The Tribunal granted the appellant one week to file an application for amending the grounds of appeal and scheduled the next hearing for March 5, 2024.
Hearing
The Tribunal closed the respondent's opportunity to file objections due to repeated failures to do so and directed that if no one appears at the next hearing on 01.05.2023, the appeal will be decided based on the available record.
Hearing
The Tribunal adjourned the appeal due to lack of time and rescheduled the hearing for April 20, 2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the matter for hearing on 18.04.2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed the parties to exchange copies via email and upload them to the e-portal before the next hearing on 04.04.2023.
For Order
The Tribunal adjourned the appeal to 01.02.2023 and granted the respondent a final opportunity to file a reply to the grounds of appeal.
For Order
The Tribunal granted the respondent's counsel a one-week extension to file a reply to the grounds of appeal and scheduled the matter for further orders on 21.11.2022.
For Order
The Tribunal granted the respondent two weeks to file their Vakalatnama, objection to the delay condonation application, and reply to the grounds of appeal, scheduling the next hearing for 31.10.2022.
Further Order
The Tribunal granted a final opportunity to the respondent to file a reply to the grounds of appeal and adjourned the matter to 22.09.2022 due to the illness of the respondent's counsel.
Further Order
The Tribunal granted the respondent a short extension to file a reply to the grounds of appeal and scheduled the next hearing for August 24, 2022.
Further Order
The Tribunal adjourned the appeal and granted the respondent a final opportunity to file a reply to the grounds of appeal, with subsequent instructions for the appellant to file a replication.
Delay condonation
The Tribunal condoned a 68-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the respondent to file a reply to the grounds of appeal.
Delay condonation
The Tribunal directed the appellant to take necessary steps to serve notice to the respondent within 10 days and scheduled the case for 09.02.2022 to address the application for limitation.
Delay condonation
The Tribunal directed the issuance of notice to the respondent via registered post and email and scheduled the matter for 11.01.2022 to address the limitation application.
Tribunal Order #0901126059342021-20-04-2023
The Tribunal closed the respondent's opportunity to file objections due to repeated failures to do so and directed that if no one appears at the next hearing on 01.05.2023, the appeal will be decided based on the available record.
Tribunal Order #0901126059342021-24-03-2022
The Tribunal condoned a 68-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the respondent to file a reply to the grounds of appeal.
Tribunal Order #0901126059342021-12-06-2024
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Tribunal Order #0901126059342021-05-03-2024
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer regarding compensation claims under Section 18 of the Act.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Shashi Kant Verma
Official RERA Tribunal Orders (4)
The Tribunal closed the respondent's opportunity to file objections due to repeated failures to do so and directed that if no one appears at the next hearing on 01.05.2023, the appeal will be decided based on the available record.
The Tribunal condoned a 68-day delay in filing the appeal, citing COVID-19 pandemic relaxations, and directed the respondent to file a reply to the grounds of appeal.
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer regarding compensation claims under Section 18 of the Act.
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