Appellant / Complainant
Poonam Singh
Respondent
Kanpur Development Authority
₹51,54,504
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 0901126062932022 by Poonam Singh against Kanpur Development Authority before up_rera.
Re-Hearing
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to delay interest from 07.12.2018 to 11.11.2020 (minus a six-month COVID-19 force majeure period), holding that the execution of a sale deed does not waive a promoter's statutory obligation to pay interest under Section 18(1) of the Act.
For Order
Upon a joint request from both parties, the tribunal has adjourned the appeal to be listed for orders or hearing on 07.02.2025.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and the merits of the appeal, subsequently reserving judgment.
Delay condonation
The Tribunal heard arguments from both parties and adjourned the defective appeal to 10.07.2024 for further hearing.
Delay condonation
The Tribunal granted an adjournment request from the respondent's counsel due to health grounds and rescheduled the hearing for July 8, 2024.
Delay condonation
The Tribunal adjourned the matter to 09.05.2024 for consideration of an application for condonation of delay and further hearing.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for consideration of a condonation of delay application on 08.04.2024.
Delay condonation
The Tribunal granted a request for adjournment from the respondent's counsel due to his absence, while issuing a final warning that no further adjournments will be permitted and the matter will proceed based on available records at the next hearing.
Delay condonation
The Tribunal listed the defective appeal for consideration of a condonation of delay application and scheduled the next hearing for 30.10.2023, noting that no further adjournments will be granted.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections regarding the condonation of delay and grounds of appeal, and scheduled the matter for hearing on 17.05.2023.
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 April 3, 2023.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the appellant's counsel to serve the necessary documents via speed post and email.
Tribunal Order #0901126062932022-07-02-2025
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to delay interest from 07.12.2018 to 11.11.2020 (minus a six-month COVID-19 force majeure period), holding that the execution of a sale deed does not waive a promoter's statutory obligation to pay interest under Section 18(1) of the Act.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to delay interest from 07.12.2018 to 11.11.2020 (minus a six-month COVID-19 force majeure period), holding that the execution of a sale deed does not waive a promoter's statutory obligation to pay interest under Section 18(1) of the Act. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to delay interest from 07.12.2018 to 11.11.2020 (minus a six-month COVID-19 force majeure period), holding that the execution of a sale deed does not waive a promoter's statutory obligation to pay interest under Section 18(1) of the Act.
Ruling Awarded To
Appellant
Interest Period
from 07.12.2018 to 11.11.2020 deducting six months towards covid pandemic force majeure
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kushagra Dikshit
Respondent Advocate(s)
- Bhupendra Singh
- Somendra Pal Singh
Official RERA Tribunal Orders (1)
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to delay interest from 07.12.2018 to 11.11.2020 (minus a six-month COVID-19 force majeure period), holding that the execution of a sale deed does not waive a promoter's statutory obligation to pay interest under Section 18(1) of the Act.
Need to research all rulings for a builder?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.