Appellant / Complainant
Neelaish Tiwari
Respondent
Ats Realty Private Limited
ats realty private limited
₹20,00,125
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 0901126004632023 by Neelaish Tiwari against Ats Realty Private Limited before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Adjudicating Officer's decision to reject the complaint, ruling that the determination of interest for delay under Section 18(1) falls within the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer, and granted the appellant liberty to refile.
Hearing
The court heard arguments from both the appellant and respondent, but has reserved its judgment for a later date.
Hearing
The Tribunal granted an adjournment requested by the Respondent's counsel on personal grounds and rescheduled the hearing for March 1, 2024.
Hearing
The Tribunal adjourned the appeal to 27.10.2023 at the request of the appellant due to the absence of respondent's counsel participating in a Bar Council strike.
Hearing
The Tribunal noted the absence of the appellant and directed the appellant to file a reply by 26.07.2023, while also noting arguments regarding an unsigned letter of allotment.
Hearing
The Tribunal granted the respondent two days to place a clarification regarding an unsigned letter on record and adjourned the appeal hearing to 20.07.2023.
Hearing
The Tribunal granted the respondent's counsel 24 hours to conduct research and prepare further submissions regarding the legal competency of the Regulatory Authority versus the Adjudicating Officer for granting compensation.
For Order
The Tribunal granted time for the respondent to file objections and established a timeline for the exchange of pleadings via email before uploading them to the e-portal. The matter is scheduled for hearing on 04.05.2023.
Admission
The Tribunal issued notice to the respondent regarding the appellant's challenge against an Adjudicating Officer's order and scheduled the matter for hearing on 29.03.2023.
Tribunal Order #0901126004632023-07-05-2024
The Tribunal set aside the Adjudicating Officer's decision to reject the complaint, ruling that the determination of interest for delay under Section 18(1) falls within the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer, and granted the appellant liberty to refile.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's decision to reject the complaint, ruling that the determination of interest for delay under Section 18(1) falls within the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer, and granted the appellant liberty to refile. Awarded in favor of Partial. Awarded interest rate: 10% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's decision to reject the complaint, ruling that the determination of interest for delay under Section 18(1) falls within the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer, and granted the appellant liberty to refile.
Ruling Awarded To
Partial
Awarded Interest Rate
10% per annum
Interest Period
till the handing over of the possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Applicant/Appellant In-Person
Respondent Advocate(s)
- Surangama Sharma
Official RERA Tribunal Orders (1)
The Tribunal set aside the Adjudicating Officer's decision to reject the complaint, ruling that the determination of interest for delay under Section 18(1) falls within the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer, and granted the appellant liberty to refile.
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