Appellant / Complainant
Rishabh Buildwell Pvt. Ltd.
Respondent
Anuj Jain, Ruchi Jain
rishabh buildwell pvt. ltd.
₹50,24,265
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 0901126017952023 by Rishabh Buildwell Pvt. Ltd. against Anuj Jain, Ruchi Jain before up_rera.
For Order
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant delay interest as compensation and failed to account for the fact that possession was taken prior to the due date.
For Order
The Tribunal has adjourned the appeal to 28.01.2025 for final hearing following a joint request from the counsels of both parties.
Hearing
The Tribunal heard arguments from both parties regarding the jurisdiction of the Adjudicating Officer to award interest for delay and has reserved its judgment.
Hearing
The Tribunal granted the respondent one week's time to place additional supporting documents on record and scheduled the next hearing for May 15, 2024.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to a scheduling conflict and listed the appeal for hearing on 15.04.2024.
For Order
The appellant's counsel requested and was granted a one-week extension to file a reply to the respondent's objections, with the matter scheduled for hearing on 11.03.2024.
For Order
The Tribunal has scheduled the appeal for further orders or hearing on November 3, 2023.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and set a final 10-day deadline for filing objections to the grounds of appeal.
Admission
The Tribunal issued notice to the respondents following the appellant's compliance with Section 43(5) of the Act regarding the deposit of Rs.1,59,000/- and scheduled the matter for hearing on 26.05.2023.
Tribunal Order #0901126017952023-28-01-2025
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant delay interest as compensation and failed to account for the fact that possession was taken prior to the due date.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant delay interest as compensation and failed to account for the fact that possession was taken prior to the due date. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
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 AO lacked jurisdiction to grant delay interest as compensation and failed to account for the fact that possession was taken prior to the due date.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
11.04.2020 to 04.06.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Prasoon Kumar Anjor
Official RERA Tribunal Orders (1)
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to grant delay interest as compensation and failed to account for the fact that possession was taken prior to the due date.
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