up_reraStatus: Completed
CASE ID: 0901126010102023

Appellant / Complainant

Balaji Enterprises

VS

Respondent

Deepika Tiwari

Developer Firm

balaji enterprises

Disputed Amount

46,25,000

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

12 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126010102023 by Balaji Enterprises against Deepika Tiwari before up_rera.

Delay in PossessionDelay Compensation / InterestJurisdiction & Maintainability
2
Stage 102/08/2023

for delivery of Judgment/Order

The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority.

3
Stage 219/07/2023

Hearing

The Tribunal heard arguments regarding whether an Adjudicating Officer has the jurisdiction to grant interest for delayed possession after a property has already been handed over. The judgment on this jurisdictional issue has been reserved.

4
Stage 318/07/2023

Hearing

The Tribunal has scheduled a defective appeal for the consideration of an application for condonation of delay and a subsequent hearing on 19.07.2023.

5
Stage 417/07/2023

Delay condonation

The Tribunal condoned the 8-day delay in filing the appeal, allowed the application for condonation of delay, and directed the Registry to convert the defective appeal into a regular appeal.

6
Stage 504/05/2023

Delay condonation

No text available.

7
Stage 629/03/2023

Delay condonation

The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for May 4, 2023, to consider the application for condonation of delay.

8
Stage 713/03/2023

Delay condonation

The Tribunal issued notice to the respondent following the appellant's compliance with Section 43(5) of the Act and established a procedural timeline for service of notice and filing of objections.

9
Stage 8Final Ruling Order

Tribunal Order #0901126010102023-02-08-2023

The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority.

10
Stage 9Interim Order

Tribunal Order #0901126010102023-19-07-2023

The Tribunal heard arguments regarding whether an Adjudicating Officer has the jurisdiction to grant interest for delayed possession after a property has already been handed over. The judgment on this jurisdictional issue has been reserved.

11
Stage 10Interim Order

Tribunal Order #0901126010102023-17-07-2023

The Tribunal condoned the 8-day delay in filing the appeal, allowed the application for condonation of delay, and directed the Registry to convert the defective appeal into a regular appeal.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.

Disposal Winner: AppellantInterest Rate: MCLR+1%Status: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority.

Ruling Awarded To

Appellant

Awarded Interest Rate

MCLR+1%

Interest Period

from 19.07.2021 to 22.12.2022 (excluding the period of six months for COVID-19)

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Shuchita Singh

Respondent Advocate(s)

  • Respondent In-Person

Official RERA Tribunal Orders (3)

FINAL_ORDEROrder ID: 0901126010102023-02-08-2023

The Tribunal set aside the Adjudicating Officer's order, ruling that the officer lacked jurisdiction to grant 'compensation' for delayed possession; instead, an allottee choosing to stay in a project is only entitled to interest at the prescribed rate, which falls under the authority of the Regulatory Authority.

INTERIM_ORDEROrder ID: 0901126010102023-19-07-2023

The Tribunal heard arguments regarding whether an Adjudicating Officer has the jurisdiction to grant interest for delayed possession after a property has already been handed over. The judgment on this jurisdictional issue has been reserved.

INTERIM_ORDEROrder ID: 0901126010102023-17-07-2023

The Tribunal condoned the 8-day delay in filing the appeal, allowed the application for condonation of delay, and directed the Registry to convert the defective appeal into a regular appeal.

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