Appellant / Complainant
Floral Realcon Pvt Ltd
Respondent
Rishi Sharma
floral realcon pvt ltd
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 0901126008702023 by Floral Realcon Pvt Ltd against Rishi Sharma before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal set aside 24 orders passed by the Adjudicating Officer, ruling that the officer lacked jurisdiction to award interest for delayed possession and that compensation claims for structural defects were not maintainable without prior notice to the promoter.
For Order
The appellant is challenging the Adjudicating Officer's order which granted delay interest and compensation to the respondent; however, the judgment has been reserved following arguments regarding the legality of the directions and the maintainability of the appeal.
For Order
The Tribunal granted adjournment requests from the respondent's counsel due to personal exigencies and rescheduled the hearing for 29.05.2024, warning that no further adjournments will be permitted.
for delivery of Judgment/Order
The Tribunal condoned the 82-day delay in filing the appeal, ruling that since the impugned order prima facie appears to have been passed without jurisdiction, the delay should be excused to allow the matter to be heard on its merits.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order for a later date.
Delay condonation
The Tribunal noted the respondent's intent to submit specific legal decisions regarding the issue of appeal and scheduled the matter for hearing on 20.02.2024 to consider condonation of delay.
Delay condonation
The Tribunal adjourned the proceedings to 16.02.2024 to allow the respondent's counsel time to review a late reply and to consider the application for condonation of delay.
Delay condonation
The Tribunal has adjourned the appeal to 13.02.2024 for consideration of a delay condonation application and hearing, following a joint request from both parties' counsel.
Delay condonation
The Tribunal granted the respondent one week to file objections and a supplementary affidavit, with the appellant directed to reply within three days thereafter.
Delay condonation
The Tribunal fixed the defective appeal for a subsequent hearing on 11.10.2023 after the appellant's counsel requested more time to argue the application for interim relief.
Delay condonation
The Tribunal directed the respondent to file objections to the grounds of appeal and scheduled a hearing for September 20, 2023, to consider applications for condonation of delay and interim relief regarding stay of recovery proceedings.
Delay condonation
The Tribunal granted permission to the respondent's counsel to file a vakalatnama and objections to the condonation of delay application, scheduling the next hearing for 27.07.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay and set a hearing date for May 15, 2023.
Tribunal Order #0901126008702023-12-06-2024
The Uttar Pradesh Real Estate Appellate Tribunal set aside 24 orders passed by the Adjudicating Officer, ruling that the officer lacked jurisdiction to award interest for delayed possession and that compensation claims for structural defects were not maintainable without prior notice to the promoter.
Tribunal Order #0901126008702023-29-05-2024
The appellant is challenging the Adjudicating Officer's order which granted delay interest and compensation to the respondent; however, the judgment has been reserved following arguments regarding the legality of the directions and the maintainability of the appeal.
Tribunal Order #0901126008702023-07-05-2024
The Tribunal condoned the 82-day delay in filing the appeal, ruling that since the impugned order prima facie appears to have been passed without jurisdiction, the delay should be excused to allow the matter to be heard on its merits.
Tribunal Order #0901126008702023-15-09-2023
The Tribunal directed the respondent to file objections to the grounds of appeal and scheduled a hearing for September 20, 2023, to consider applications for condonation of delay and interim relief regarding stay of recovery proceedings.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal set aside 24 orders passed by the Adjudicating Officer, ruling that the officer lacked jurisdiction to award interest for delayed possession and that compensation claims for structural defects were not maintainable without prior notice to the promoter. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal set aside 24 orders passed by the Adjudicating Officer, ruling that the officer lacked jurisdiction to award interest for delayed possession and that compensation claims for structural defects were not maintainable without prior notice to the promoter.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
Respondent Advocate(s)
- Mandeep Singh
- Rohit Jaiswal
- Jayant Gupta
Official RERA Tribunal Orders (4)
The Uttar Pradesh Real Estate Appellate Tribunal set aside 24 orders passed by the Adjudicating Officer, ruling that the officer lacked jurisdiction to award interest for delayed possession and that compensation claims for structural defects were not maintainable without prior notice to the promoter.
The appellant is challenging the Adjudicating Officer's order which granted delay interest and compensation to the respondent; however, the judgment has been reserved following arguments regarding the legality of the directions and the maintainability of the appeal.
The Tribunal condoned the 82-day delay in filing the appeal, ruling that since the impugned order prima facie appears to have been passed without jurisdiction, the delay should be excused to allow the matter to be heard on its merits.
The Tribunal directed the respondent to file objections to the grounds of appeal and scheduled a hearing for September 20, 2023, to consider applications for condonation of delay and interim relief regarding stay of recovery proceedings.
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