Appellant / Complainant
Arihant Infra Realtors Private Limited
Respondent
Awdhesh Kumar Jaiswal
arihant infra realtors private limited
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 0901126025182021 by Arihant Infra Realtors Private Limited against Awdhesh Kumar Jaiswal before up_rera.
for delivery of Judgment/Order
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Hearing
The Tribunal proceeded to hear arguments from the appellant regarding the maintainability of a compensation claim under Section 18 of the Act and subsequently reserved judgment.
Hearing
The Tribunal adjourned the appeal to 29.05.2024 to be heard alongside similar matters and issued a strict directive that no further adjournments will be granted on the next date.
Hearing
The Tribunal noted the respondent's failure to appear despite notice and scheduled the appeal for hearing on 24.05.2024, noting that the matter will proceed based on existing records if the respondent fails to attend.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and scheduled the hearing for May 2, 2024.
Hearing
The Tribunal granted the appellant permission to serve notice to the respondent via Dasti mode and scheduled the next hearing for 03.04.2024.
Hearing
The Tribunal issued a notice to the respondent for their appearance on 15.03.2024 and directed the applicant to serve the notice via e-mail and speed-post.
Hearing
The Tribunal adjourned the matter to 04.03.2024 for hearing and noted that if no parties appear on the next date, the case will be decided based on the available record.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for hearing on 01.02.2024, noting that the case will proceed based on available records if no one appears on the next date.
Hearing
The Tribunal scheduled the appeal for a hearing on 14.08.2023 and directed that if the respondent fails to appear, the case will be examined based on the available record.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and rescheduled the case for hearing/orders on 03.08.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to their unavailability and rescheduled the hearing for May 23, 2023.
Hearing
The appeal is listed for a fresh hearing on 11.04.2023 because the previous judgment reserved by Bench No. 2 was not delivered before the Presiding Member demitted office.
Hearing
The court heard arguments regarding the appellant's entitlement to delay penalties prior to the transfer of common areas under Section 11(4-A) of the Act, but reserved the judgment for a later date.
Hearing
The Tribunal adjourned the appeal due to the respondent's failure to join the scheduled virtual hearing and listed the matter for hearing on 28.01.2022.
Final Hearing
The appeal filed by M/S Arihant Infra Realtors Private Limited was dismissed for want of prosecution due to the non-appearance of the appellant or their counsel.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and directed that copies of the appellant's reply be emailed to the respondent, scheduling the final hearing for 29.11.2021.
Hearing on Appeal
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the next hearing for November 2, 2021.
Hearing on Appeal
The Tribunal granted a final one-week extension to the appellant to file a reply to the respondent's objection and directed the service of said reply via email and physical filing before the next hearing on 01.10.2021.
Hearing on Appeal
The Tribunal granted the appellant a final one-week extension to file a reply to the respondent's objections and directed the matter be listed for hearing on 16.09.2021.
Hearing on Appeal
The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed that copies be served via email and uploaded to the e-portal before the next hearing on 31.08.2021.
Hearing on Appeal
The Tribunal directed the respondent to file an English translation of their objections within 10 days and instructed both parties to upload their pleadings on the e-portal before the next hearing scheduled for 16.08.2021.
Hearing on Appeal
The Tribunal issued notice to the respondent and established a procedural timeline for the exchange of appeal documents and objections via email and the e-portal.
Tribunal Order #0901126025182021-12-06-2024
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Tribunal Order #0901126025182021-29-05-2024
The Tribunal proceeded to hear arguments from the appellant regarding the maintainability of a compensation claim under Section 18 of the Act and subsequently reserved judgment.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Azhar Ikram
- Manish Singh
Respondent Advocate(s)
- Respondent In-Person
Official RERA Tribunal Orders (2)
The Tribunal allowed all 24 appeals and set aside the Adjudicating Officer's orders, ruling that the officer lacked jurisdiction to award interest for delayed possession under the guise of compensation and that claims for structural defects must first be brought to the promoter's notice.
The Tribunal proceeded to hear arguments from the appellant regarding the maintainability of a compensation claim under Section 18 of the Act and subsequently reserved judgment.
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