up_reraStatus: Completed
CASE ID: 0901126017942023

Appellant / Complainant

Rishabh Buildwell Pvt. Ltd.

VS

Respondent

Ruchi Jain

Developer Firm

rishabh buildwell pvt. ltd.

Disputed Amount

40,24,257

Disposal Award

Appellant

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestPromotional MisrepresentationJurisdiction & Maintainability

Case Procedural History & Progression Tree

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

17 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126017942023 by Rishabh Buildwell Pvt. Ltd. against Ruchi Jain before up_rera.

Delay in PossessionDelay Compensation / InterestPromotional MisrepresentationJurisdiction & Maintainability
2
Stage 128/01/2025

For Order

The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the promoter was not liable for delay interest because possession was taken by the allottee prior to the due date and the AO lacked jurisdiction to grant such compensation under the RERA Act.

3
Stage 206/01/2025

For Order

Upon a joint request from the counsels for both parties, the Tribunal has scheduled the appeal for a final hearing on January 28, 2025.

4
Stage 313/08/2024

For Order

The Tribunal heard arguments from both parties regarding the jurisdiction of interest for delay and has reserved its judgment for a later date.

5
Stage 415/07/2024

For Order

No text available.

6
Stage 515/05/2024

For Order

No text available.

7
Stage 615/04/2024

For Order

The Tribunal granted the respondent one week's time to place additional documents on record and scheduled the next hearing for May 15, 2024.

8
Stage 711/03/2024

For Order

The Tribunal granted a request for adjournment from the respondent's counsel and scheduled the appeal for hearing on 15.04.2024.

9
Stage 802/02/2024

For Order

The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the next hearing for March 11, 2024.

10
Stage 903/11/2023

For Order

No text available.

11
Stage 1021/09/2023

For Order

The Tribunal has scheduled the appeal for orders or hearing on November 3, 2023.

12
Stage 1116/08/2023

For Order

The Tribunal granted the respondent 10 days to file objections, with a subsequent one-week window for the applicant to reply, and scheduled the matter for orders on 21.09.2023.

13
Stage 1231/05/2023

For Order

The Tribunal granted the respondent 10 days to file objections to the appeal and directed that a soft copy be emailed to the appellant, with the matter listed for hearing on 16.08.2023.

14
Stage 1319/04/2023

Admission

The Tribunal found prima facie compliance with Section 43(5) of the Act regarding the appellant's deposit and issued notice to the respondent, scheduling the matter for hearing on 31.05.2023.

15
Stage 14Final Ruling Order

Tribunal Order #0901126017942023-28-01-2025

The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the promoter was not liable for delay interest because possession was taken by the allottee prior to the due date and the AO lacked jurisdiction to grant such compensation under the RERA Act.

16
Stage 15Interim Order

Tribunal Order #0901126017942023-19-04-2023

The Tribunal found prima facie compliance with Section 43(5) of the Act regarding the appellant's deposit and issued notice to the respondent, scheduling the matter for hearing on 31.05.2023.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the promoter was not liable for delay interest because possession was taken by the allottee prior to the due date and the AO lacked jurisdiction to grant such compensation under the RERA Act. 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 U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the promoter was not liable for delay interest because possession was taken by the allottee prior to the due date and the AO lacked jurisdiction to grant such compensation under the RERA Act.

Ruling Awarded To

Appellant

Awarded Interest Rate

MCLR + 1%

Interest Period

11.04.2020 to 04.06.2020

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 12Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Amit Yadav

Respondent Advocate(s)

  • Prasoon Kumar Anjor

Official RERA Tribunal Orders (2)

FINAL_ORDEROrder ID: 0901126017942023-28-01-2025

The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the promoter was not liable for delay interest because possession was taken by the allottee prior to the due date and the AO lacked jurisdiction to grant such compensation under the RERA Act.

INTERIM_ORDEROrder ID: 0901126017942023-19-04-2023

The Tribunal found prima facie compliance with Section 43(5) of the Act regarding the appellant's deposit and issued notice to the respondent, scheduling the matter for hearing on 31.05.2023.

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