Appellant / Complainant
Gorakhpur Development Authority
Respondent
Rajendra Kumar Tripathi
Partial
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 0901126013562022 by Gorakhpur Development Authority against Rajendra Kumar Tripathi before up_rera.
For Order
The Tribunal allowed an application to correct several typographical errors regarding specific dates within the previous judgment and order dated 25.11.2024.
Further Hearing
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the original completion date declared during RERA registration (13.04.2017), while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021).
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and scheduled the case for orders on 25.11.2024.
For Order
The Tribunal allowed the appellant's application for amendment (IA No. 1266 of 2024) and scheduled the appeal for further hearing on October 16, 2024.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to a bereavement in her family and rescheduled the hearing for October 4, 2024.
For Order
The Tribunal refers the parties to a previous order passed on a different appeal number (Appeal No. 290/2022) for further directions.
For Order
The Tribunal refers the parties to a previous order passed in Appeal No. 285/2022 for directions.
For Order
The Tribunal has scheduled the appeal for a hearing on 09.05.2024.
For Order
The Tribunal directed that the matter be listed for a hearing on 08.04.2024, referring to a previous order passed in Appeal No. D285 of 2022.
For Order
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and ordered the defective appeal to be listed for orders on 18.03.2024.
For Order
The Tribunal directed the listing of Appeal-475/2022 for a hearing on 29.02.2024.
For Order
The Tribunal refers the parties to a previous order passed in Appeal No. D 285/2022 for the relevant directions.
For Order
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.
For Order
The Tribunal refers the parties to a previous order passed in Appeal No. (D) 285/2022 regarding the matter.
For Order
This is a procedural order referring the parties to a previously passed order dated Appeal No. (D) 285/2022.
Delay condonation
The Tribunal directed the appellant to provide a hard copy of the memo of appeal and annexures to the respondent within 48 hours to facilitate the filing of objections.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent reply period for the applicant, and scheduled the matter for hearing on 17.11.2022.
Delay condonation
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and grounds of appeal, scheduling the next hearing for 21.10.2022.
Compliance of section 43(5)
The Tribunal directed the appellant to provide a soft copy of the appeal and its annexures to the respondent within 3 days due to errors in the portal uploads, and set a timeline for filing objections and replies.
Compliance of section 43(5)
The Tribunal granted the respondent 10 days to file objections and their Vakalatnama, with the matter scheduled for hearing on 22.08.2022 regarding the condonation of delay.
Defect Removal
The Tribunal granted the appellant three days to comply with Section 43(5) of the Act by depositing the remaining interest amount and directed the respondent to file objections to the condonation of delay application.
Tribunal Order #0901126013562022-25-11-2024
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the original completion date declared during RERA registration (13.04.2017), while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021).
Tribunal Order #0901126013562022-18-07-2022
The Tribunal granted the appellant three days to comply with Section 43(5) of the Act by depositing the remaining interest amount and directed the respondent to file objections to the condonation of delay application.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the original completion date declared during RERA registration (13.04.2017), while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021). Awarded in favor of Partial.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the original completion date declared during RERA registration (13.04.2017), while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021).
Ruling Awarded To
Partial
Interest Period
from 30.04.2017 till handing over possession, excluding the period of injunction granted by the NGT from 17.12.2018 to 12.01.2021
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rakesh Bajpai
Respondent Advocate(s)
- Abhishek Khare
- Aahuti Agarwal
Official RERA Tribunal Orders (2)
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the original completion date declared during RERA registration (13.04.2017), while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021).
The Tribunal granted the appellant three days to comply with Section 43(5) of the Act by depositing the remaining interest amount and directed the respondent to file objections to the condonation of delay application.
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