Appellant / Complainant
Rise Projects Pvt Ltd
Respondent
Pooja Bansal
rise projects pvt ltd
Respondent
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 0901126026712023 by Rise Projects Pvt Ltd against Pooja Bansal before up_rera.
Delay condonation
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at MCLR+1% from the due date of possession (excluding the COVID-19 force majeure period) until the actual offer of possession with valid OC/CC.
Delay condonation
The court has adjourned the matter to May 7, 2025, based on a joint request from the counsel for both parties.
Delay condonation
The appeal is adjourned to 11.04.2025 because lawyers are abstaining from judicial work following a resolution by the Real Estate Bar Association, Lucknow.
Delay condonation
The Tribunal granted a request for adjournment and rescheduled the appeal for hearing on 18.03.2025, noting that no further adjournments will be permitted.
Delay condonation
The parties have requested time to settle the matter amicably, and the appeal has been adjourned to 14.02.2025 for orders.
Delay condonation
The Tribunal has adjourned the matter to 16.01.2025 to allow parties to file an affidavit regarding the project's delay, following a joint request from counsel.
Delay condonation
The Tribunal granted an adjournment because the counsel for the appellant submitted illness slips, rescheduling the appeal for 26.11.2024.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for orders/hearing on 21.10.2024.
Delay condonation
The Tribunal has adjourned the appeal to 11.09.2024 for orders/hearing following a joint request from the counsel for both parties.
Delay condonation
The Tribunal ordered the appeal to be listed for hearing on 20.08.2024, to be heard alongside another appeal of a similar nature.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the hearing for the application for condonation of delay on 15.05.2024.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for hearing on 15.04.2024 regarding the application for condonation of delay.
Delay condonation
The Tribunal directed the appellant to file replies to the respondent's objections regarding the condonation of delay and the grounds of appeal, scheduling the next hearing for March 11, 2024.
Delay condonation
The Tribunal granted the appellant's request to issue fresh notice to the respondent regarding the application for condonation of delay, with the matter listed for hearing on 02.11.2023.
Delay condonation
The Tribunal ruled that the amounts recovered via the Recovery Certificate shall be treated as compliance with Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit for 60 days.
Delay condonation
The Tribunal granted a request from the appellant's counsel to list the defective appeal for orders or hearing on 16.08.2023.
Delay condonation
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 4,79,509/- in support of their application to waive the mandatory pre-deposit required under Section 43(5) of the Act.
Tribunal Order #0901126026712023-07-05-2025
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at MCLR+1% from the due date of possession (excluding the COVID-19 force majeure period) until the actual offer of possession with valid OC/CC.
Tribunal Order #0901126026712023-16-08-2023
The Tribunal ruled that the amounts recovered via the Recovery Certificate shall be treated as compliance with Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit for 60 days.
Tribunal Order #0901126026712023-08-08-2023
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 4,79,509/- in support of their application to waive the mandatory pre-deposit required under Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at MCLR+1% from the due date of possession (excluding the COVID-19 force majeure period) until the actual offer of possession with valid OC/CC. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at MCLR+1% from the due date of possession (excluding the COVID-19 force majeure period) until the actual offer of possession with valid OC/CC.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1%
Interest Period
w.e.f. 26.02.2020 till the date of offer of possession along with valid OC/CC (except the period from 25.03.2020 to 25.09.2020 on account of force majeure due to Covid-19 pandemic)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Siddharth Nandwani
- Abhishek Shukla
Respondent Advocate(s)
- Prasoon Kumar Anjor
Official RERA Tribunal Orders (3)
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatory obligated to pay delay interest to the allottee at MCLR+1% from the due date of possession (excluding the COVID-19 force majeure period) until the actual offer of possession with valid OC/CC.
The Tribunal ruled that the amounts recovered via the Recovery Certificate shall be treated as compliance with Section 43(5) of the Act and directed the Recovery Officer to deposit these funds in a fixed deposit for 60 days.
The Tribunal granted the appellant two days to submit bank statements to prove prior payment of Rs. 4,79,509/- in support of their application to waive the mandatory pre-deposit required under Section 43(5) of the Act.
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