Appellant / Complainant
Tarun Mishra, Bijaya Nanda
Respondent
Vxl Realtors Pvt Ltd, Red Cee Constructions Pvt. Ltd. Vxl Realtors Pvt Ltd
vxl realtors pvt. ltd.
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 0901126058762022 by Tarun Mishra, Bijaya Nanda against Vxl Realtors Pvt Ltd, Red Cee Constructions Pvt. Ltd. Vxl Realtors Pvt Ltd before up_rera.
Re-Hearing
The Tribunal modified the previous order to rule that after the enforcement of the Real Estate (Regulation and Development) Act 2016, interest charged for defaults by either the promoter or allottee must be at the prescribed rate of MCLR+1%, overriding any higher interest rates stipulated in private agreements.
Re-Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 17.02.2025, noting that no further adjournments will be permitted.
For Order
The Tribunal has adjourned the appeal to 29.01.2025 following a joint request from counsel to allow the parties time for an amicable settlement.
For Order
The Tribunal heard arguments from both counsels regarding the appeal and has reserved its judgment for a later date.
For Order
The Tribunal granted time to both counsels to refer supporting judgments and adjourned the appeal for further orders/hearing to 28.08.2024.
For Order
This is a procedural order directing the parties to refer to the orders passed in Appeal No. 794/2022 for instructions.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel to examine specific directions from the Adjudicating Officer and rescheduled the hearing for 15.04.2024.
For Order
The Tribunal noted that pleadings have been exchanged and, due to the respondent's counsel being on leave, scheduled the appeal for a hearing on 11.03.2024.
For Order
This is a procedural order from the U.P. Real Estate Appellate Tribunal regarding Appeal-799/2022, noting that no time was left for the proceedings on 21.09.2023.
For Order
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the next hearing for September 21, 2023.
For Order
The Tribunal listed the appeal for orders/hearing on 24.05.2023 and referred to a previous order passed in Appeal No. 794/2022.
For Order
The Tribunal granted the appellant's request to issue fresh notice to the respondent and directed the parties to exchange objections and replies via email before the next hearing on 12.04.2023.
For Order
The Tribunal granted a 10-day extension to the appellant's counsel to file an affidavit of service, warning that failure to comply will result in heavy costs.
Notice
The Tribunal granted a one-week extension to the appellant's counsel to file an affidavit of service and adjourned the matter to 11.01.2023.
Admission
The Tribunal issued a notice to the respondent and established procedural timelines for service of appeal documents and filing of objections prior to the next hearing on 23.12.2022.
Tribunal Order #0901126058762022-17-02-2025
The Tribunal modified the previous order to rule that after the enforcement of the Real Estate (Regulation and Development) Act 2016, interest charged for defaults by either the promoter or allottee must be at the prescribed rate of MCLR+1%, overriding any higher interest rates stipulated in private agreements.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the previous order to rule that after the enforcement of the Real Estate (Regulation and Development) Act 2016, interest charged for defaults by either the promoter or allottee must be at the prescribed rate of MCLR+1%, overriding any higher interest rates stipulated in private agreements. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal modified the previous order to rule that after the enforcement of the Real Estate (Regulation and Development) Act 2016, interest charged for defaults by either the promoter or allottee must be at the prescribed rate of MCLR+1%, overriding any higher interest rates stipulated in private agreements.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Bal Kishor Verma
- Amit Yadav
Respondent Advocate(s)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (1)
The Tribunal modified the previous order to rule that after the enforcement of the Real Estate (Regulation and Development) Act 2016, interest charged for defaults by either the promoter or allottee must be at the prescribed rate of MCLR+1%, overriding any higher interest rates stipulated in private agreements.
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