Appellant / Complainant
Ashish Sinha
Respondent
G.S Promoters Pvt. Ltd
g.s promoters pvt. ltd
₹46,32,352
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 0901126064172022 by Ashish Sinha against G.S Promoters Pvt. Ltd before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that an Adjudicating Officer lacks jurisdiction to grant compensation for delay when an allottee does not intend to exit the project; instead, such interest claims must be directed to the Regulatory Authority.
Hearing
The Tribunal heard arguments regarding the jurisdiction of the Adjudicating Officer concerning interest for delay periods and has reserved its judgment.
Hearing
The Tribunal noted that the appeal is ripe for hearing and scheduled it for a subsequent hearing on 23.07.2024.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing/orders on 24.05.2024.
Hearing
The Tribunal granted a request by the appellant's counsel to list the appeal for hearing or orders on 25.04.2024.
Hearing
The Tribunal granted a request for adjournment submitted by the appellant's counsel and rescheduled the appeal for hearing on 09.04.2022.
Hearing
The Tribunal adjourned the proceedings to 22.03.2024 to allow the parties an opportunity to reach an amicable settlement.
Hearing
The Tribunal granted the appellant's counsel 10 days to file a reply and scheduled the hearing for February 29, 2024, to consider the application for condonation of delay.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work, rescheduling the hearing for 13.10.2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the appeal and scheduled the next hearing for September 5, 2023.
For Order
The Tribunal granted the appellant's request to issue fresh notice to the respondent and directed the Registry to facilitate service via email and speed post, with the next hearing scheduled for 13.07.2023.
For Order
The Tribunal granted the appellant two days to file an affidavit of service and scheduled the appeal for hearing on January 6, 2023.
For Order
The Tribunal granted the appellant a one-week extension to file an affidavit of service.
Defect Removal
The Tribunal ruled that there was no delay in filing the appeal based on e-portal upload timestamps and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126064172022-22-11-2024
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that an Adjudicating Officer lacks jurisdiction to grant compensation for delay when an allottee does not intend to exit the project; instead, such interest claims must be directed to the Regulatory Authority.
Tribunal Order #0901126064172022-25-11-2022
The Tribunal ruled that there was no delay in filing the appeal based on e-portal upload timestamps and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that an Adjudicating Officer lacks jurisdiction to grant compensation for delay when an allottee does not intend to exit the project; instead, such interest claims must be directed to the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that an Adjudicating Officer lacks jurisdiction to grant compensation for delay when an allottee does not intend to exit the project; instead, such interest claims must be directed to the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 12.04.2016 to 30.04.2017 (compensation) and from 01.05.2017 till the date of receipt of part OC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Aahuti Agarwal
Respondent Advocate(s)
- Mandeep Singh
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the Adjudicating Officer's order, ruling that an Adjudicating Officer lacks jurisdiction to grant compensation for delay when an allottee does not intend to exit the project; instead, such interest claims must be directed to the Regulatory Authority.
The Tribunal ruled that there was no delay in filing the appeal based on e-portal upload timestamps and directed the Registry to convert the defective appeal into a regular appeal.
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