Appellant / Complainant
Himalaya Realestate Pvt Ltd
Respondent
Swati Jain
himalaya realestate pvt ltd
₹41,94,680
Partial
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 0901126073792022 by Himalaya Realestate Pvt Ltd against Swati Jain before up_rera.
Hearing
The Tribunal quashed the Adjudicating Officer's order regarding the grant of delay interest as being beyond its jurisdiction, but ruled that the promoter is still mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% for the period from 01.12.2020 to 18.06.2021.
Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the matter, rescheduling the hearing for November 13, 2025.
Hearing
The Tribunal scheduled the matter for orders/hearing on 22.09.2025 and directed the respondent to make alternate arrangements, noting that the matter will proceed ex-parte if they fail to do so.
Hearing
The U.P. Real Estate Appellate Tribunal has scheduled the case for orders on September 4, 2025.
Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-77/2023 to 21.08.2025.
Delay condonation
The Tribunal noted the appellant's submission regarding no delay in filing and directed the Registry to allot a regular number and list the appeal for final hearing on 23.07.2025.
Delay condonation
The Tribunal has adjourned the matter to 01.07.2025 for orders, following a joint request from the counsel for both parties.
Delay condonation
Upon the joint request of the counsel for both parties, the tribunal has scheduled the defective appeal for consideration regarding the application for condonation of delay on 01.05.2025.
Delay condonation
The Tribunal granted a request for adjournment filed by the appellant's counsel and rescheduled the appeal for hearing on 08.04.2025.
Delay condonation
The Tribunal has scheduled the defective appeal for consideration regarding the application for condonation of delay on 11.03.2025, following a request from the respondent's counsel.
Delay condonation
The Tribunal noted the absence of both parties and ordered the appeal to be listed for hearing on 14.02.2025.
For Order
The Tribunal has adjourned the appeal to 24.01.2025 and directed both parties to submit a chart detailing the delay in completion and handing over possession of the respective units.
Hearing
The Tribunal granted the respondent seven days to file objections to the amended memo of appeal and directed the appellant to file a reply within one week thereafter.
Hearing
The Tribunal allowed the appellant's application (IA No.1341/2024) to amend the grounds of appeal to include issues regarding the Adjudicating Officer's jurisdiction over delay interest, and set a timeline for filing amended appeals and additional objections.
Hearing
The Tribunal granted the respondent one week to file objections to the appellant's amendment application and scheduled the appeal for hearing on 20.08.2024.
Hearing
The Tribunal noted the absence of both parties and ordered the defective appeal to be listed for orders or hearing on 23.07.2024.
Hearing
The Tribunal granted the appellant a one-week extension to file an amendment application regarding the grounds of appeal and scheduled the next hearing for May 23, 2024.
Hearing
The Tribunal granted a joint request from the counsels to list this defective appeal for consideration of the condonation of delay application and hearing on 22.04.2024.
Hearing
The Tribunal directed the respondent's counsel to register on the portal and scheduled the matter for hearing on the application for condonation of delay on 05.04.2024, noting that no further adjournments will be granted.
Hearing
The Tribunal granted a one-week extension for the respondent to file a reply to the applicant's application and scheduled the appeal for a hearing on March 1, 2024.
For Order
The Tribunal granted the respondent 10 days to file their Vakalatnama and objections to the grounds of appeal due to the counsel's inability to travel, and scheduled the matter for hearing on 12.09.2023.
For Order
The Tribunal permitted the appellant to serve notice to the respondent via Dasti summons due to an insufficient address and scheduled the next hearing for 09.05.2023.
Delay condonation
The Tribunal found no defects in the appeal and directed the issuance of notice to the respondent after the appellant demonstrated compliance with Section 43(5) of the Act via a bank draft and CA certificate.
Tribunal Order #0901126073792022-13-11-2025
The Tribunal quashed the Adjudicating Officer's order regarding the grant of delay interest as being beyond its jurisdiction, but ruled that the promoter is still mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% for the period from 01.12.2020 to 18.06.2021.
Tribunal Order #0901126073792022-17-02-2023
The Tribunal found no defects in the appeal and directed the issuance of notice to the respondent after the appellant demonstrated compliance with Section 43(5) of the Act via a bank draft and CA certificate.
Tribunal Order #0901126073792022-02-01-2025
The Tribunal has adjourned the appeal to 24.01.2025 and directed both parties to submit a chart detailing the delay in completion and handing over possession of the respective units.
Tribunal Order #0901126073792022-20-08-2024
The Tribunal allowed the appellant's application (IA No.1341/2024) to amend the grounds of appeal to include issues regarding the Adjudicating Officer's jurisdiction over delay interest, and set a timeline for filing amended appeals and additional objections.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order regarding the grant of delay interest as being beyond its jurisdiction, but ruled that the promoter is still mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% for the period from 01.12.2020 to 18.06.2021. Awarded in favor of Partial. Awarded interest rate: MCLR+1 %.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Adjudicating Officer's order regarding the grant of delay interest as being beyond its jurisdiction, but ruled that the promoter is still mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% for the period from 01.12.2020 to 18.06.2021.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1 %
Interest Period
from 01.12.2020 to 18.06.2021
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Shukla
Respondent Advocate(s)
- M.P. Sahai
- Harish Pandey
- Gautam Johari
Official RERA Tribunal Orders (4)
The Tribunal quashed the Adjudicating Officer's order regarding the grant of delay interest as being beyond its jurisdiction, but ruled that the promoter is still mandatorily obligated under Section 18(1) of the Act to pay delay interest at MCLR+1% for the period from 01.12.2020 to 18.06.2021.
The Tribunal found no defects in the appeal and directed the issuance of notice to the respondent after the appellant demonstrated compliance with Section 43(5) of the Act via a bank draft and CA certificate.
The Tribunal has adjourned the appeal to 24.01.2025 and directed both parties to submit a chart detailing the delay in completion and handing over possession of the respective units.
The Tribunal allowed the appellant's application (IA No.1341/2024) to amend the grounds of appeal to include issues regarding the Adjudicating Officer's jurisdiction over delay interest, and set a timeline for filing amended appeals and additional objections.
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