Appellant / Complainant
Rise Projects Pvt Ltd
Respondent
Prachi Mishra
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 0901126026722023 by Rise Projects Pvt Ltd against Prachi Mishra before up_rera.
Delay condonation
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 05.10.2019 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%.
Delay condonation
Upon the joint request of the learned counsel for both parties, the matter has been adjourned and listed for hearing on 07.05.2025.
Delay condonation
The appeal is adjourned and listed for orders/hearing on 11.04.2025 due to lawyers abstaining from judicial work following a resolution by the Real Estate Bar Association, Lucknow.
Delay condonation
The Tribunal granted an adjournment and rescheduled the appeal for 18.03.2025, while explicitly warning that no further adjournments will be permitted.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the appeal for orders to 14.02.2025.
Delay condonation
The Tribunal granted a request from both parties to file an affidavit regarding project delays and rescheduled the hearing to 16.01.2025.
Delay condonation
The Tribunal has adjourned the appeal to 26.11.2024 due to the illness of both counsels representing the appellant.
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 granted a request by the appellant's counsel to list the defective appeal for orders or hearing on 20.08.2024.
Delay condonation
The Tribunal granted the appellant seven days to file a rejoinder to the respondent's objections and scheduled the matter for hearing on August 7, 2024.
Delay condonation
The Tribunal granted both parties additional time to file objections and replies regarding the application for condonation of delay and the grounds of appeal, scheduling the next hearing for 22.07.2024.
Delay condonation
The Tribunal granted the respondent a 10-day extension to file objections to the grounds of appeal and the application for condonation of delay, scheduling the next hearing for May 22, 2024.
Delay condonation
The Tribunal granted the appellant 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for April 23, 2024.
Delay condonation
The Tribunal issued fresh notice to the respondent due to service tracking issues and outlined the procedural timeline for service via speed-post and email, with the matter listed for hearing on 19.03.2024.
Delay condonation
The Tribunal granted the applicant one additional week to file an affidavit of service and scheduled the matter for hearing on 15.02.2024.
Delay condonation
The Tribunal granted a request to issue fresh notice to the respondent regarding the application for condonation of delay and directed the applicant to serve the necessary documents via speed-post and email.
Delay condonation
The Tribunal ruled that the amount of Rs 6,50,188/- recovered via a Recovery Certificate shall be treated as compliance with Section 43(5) of the Act, directing the Recovery Officer to deposit the funds in a fixed deposit.
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 payment of Rs. 6,50,188/- to support their application for a waiver of the mandatory deposit required under Section 43(5) of the Act.
Tribunal Order #0901126026722023-07-05-2025
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 05.10.2019 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%.
Tribunal Order #0901126026722023-16-08-2023
The Tribunal ruled that the amount of Rs 6,50,188/- recovered via a Recovery Certificate shall be treated as compliance with Section 43(5) of the Act, directing the Recovery Officer to deposit the funds in a fixed deposit.
Tribunal Order #0901126026722023-08-08-2023
The Tribunal granted the appellant two days to submit bank statements to prove payment of Rs. 6,50,188/- to support their application for a waiver of the mandatory deposit required under Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 05.10.2019 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 05.10.2019 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 05.10.2019 till the date of offer of possession along with valid OC/CC (except the period from 25.03.2020 to 25.09.2020)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Siddharth Nandwani
- Abhishek Shukla
Respondent Advocate(s)
- Tushar Bahadur
- Sachin Gupta
Official RERA Tribunal Orders (3)
The Tribunal quashed the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 05.10.2019 until possession (excluding the COVID-19 force majeure period) at a rate of MCLR+1%.
The Tribunal ruled that the amount of Rs 6,50,188/- recovered via a Recovery Certificate shall be treated as compliance with Section 43(5) of the Act, directing the Recovery Officer to deposit the funds in a fixed deposit.
The Tribunal granted the appellant two days to submit bank statements to prove payment of Rs. 6,50,188/- to support their application for a waiver of the mandatory deposit required under Section 43(5) of the Act.
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