Appellant / Complainant
Rise Projects Pvt Ltd
Respondent
Kanika Pahwa
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 0901126027362023 by Rise Projects Pvt Ltd against Kanika Pahwa before up_rera.
Delay condonation
The Appellate Tribunal set aside the Adjudicating Officer's order due to jurisdictional issues but ruled that the respondent is entitled to delay interest from 08.09.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
Delay condonation
The Tribunal has adjourned the matter to 07.05.2025 following a joint request from the learned 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 an adjournment requested by the appellant and scheduled the next hearing for March 18, 2025, noting 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 matter for orders on 14.02.2025.
Delay condonation
The Tribunal has adjourned the appeal to 16.01.2025 following a joint request from counsel to file an affidavit regarding the project's delay.
Delay condonation
The Tribunal has adjourned the appeal to 26.11.2024 due to the illness of the counsels appearing for the appellant.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for hearing/orders on 21.10.2024.
Delay condonation
The Tribunal granted a joint request from the counsel for both parties to list the appeal for orders/hearing on 11.09.2024.
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 7 days to file a rejoinder to the respondent's objections and scheduled the matter for hearing on 07.08.2024.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objection to the condonation of delay application and directed the matter to be listed for hearing on 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 refers the parties to a previous order passed in Appeal No. D 543/2023 regarding the current matter.
Delay condonation
The Tribunal directed the issuance of fresh notice to the respondent via Dasti and electronic modes due to an incomplete address, scheduling the next hearing for March 19, 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 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted a request for fresh notice to be issued to the respondent regarding the application for condonation of delay and scheduled the matter for hearing on 02.11.2023.
Delay condonation
The Tribunal ruled that the amounts already 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 addressed an application for waiver of the mandatory deposit under Section 43(5) of the Act, granting the appellant two days to submit bank statements to prove prior payment of Rs. 6,52,185 via recovery certificate.
Tribunal Order #0901126027362023-16-08-2023
The Tribunal ruled that the amounts already 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 #0901126027362023-07-05-2025
The Appellate Tribunal set aside the Adjudicating Officer's order due to jurisdictional issues but ruled that the respondent is entitled to delay interest from 08.09.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
Tribunal Order #0901126027362023-08-08-2023
The Tribunal addressed an application for waiver of the mandatory deposit under Section 43(5) of the Act, granting the appellant two days to submit bank statements to prove prior payment of Rs. 6,52,185 via recovery certificate.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Adjudicating Officer's order due to jurisdictional issues but ruled that the respondent is entitled to delay interest from 08.09.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Adjudicating Officer's order due to jurisdictional issues but ruled that the respondent is entitled to delay interest from 08.09.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 08.09.2019 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
- Asif Anees
Official RERA Tribunal Orders (3)
The Tribunal ruled that the amounts already 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 Appellate Tribunal set aside the Adjudicating Officer's order due to jurisdictional issues but ruled that the respondent is entitled to delay interest from 08.09.2019 until possession (excluding the COVID-19 force majeure period) at the rate of MCLR+1%.
The Tribunal addressed an application for waiver of the mandatory deposit under Section 43(5) of the Act, granting the appellant two days to submit bank statements to prove prior payment of Rs. 6,52,185 via recovery certificate.
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