Appellant / Complainant
Jitendra Kumar Shukla
Respondent
U.P. Awas Evam Vikas Parishad
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 0901126027022024 by Jitendra Kumar Shukla against U.P. Awas Evam Vikas Parishad before up_rera.
for delivery of Judgment/Order
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits.
Further Hearing
The Tribunal heard arguments from various counsels representing the appellant and respondents, and subsequently reserved the judgment for future pronouncement.
Delay condonation
The Tribunal has adjourned the ongoing arguments in Appeal-220/2024 and scheduled the matter for further hearing on April 21, 2025.
Delay condonation
Upon the joint request of the counsel for both parties, the tribunal has adjourned the appeal and scheduled it for a new hearing on 11.04.2025 at 10:30 a.m.
Further Hearing
The Tribunal has heard arguments regarding the applicability of the Limitation Act 1963 to RERA Act 2016 complaints and has scheduled the matter for further hearing on 09.04.2025.
Further Hearing
Upon the joint request of both parties, the matter has been adjourned and rescheduled for hearing on April 8, 2025, at 1:30 PM.
Delay condonation
The Tribunal heard arguments from the appellant's counsel, the amicus curiae, and the regulatory authority, and subsequently adjourned the appeal for further hearing on 27.03.2025.
Delay condonation
The Tribunal has adjourned the appeal to 20.03.2025 for orders/hearing upon the request of the respondent's counsel.
Delay condonation
The Tribunal adjourned the proceedings due to the respondent's counsel's illness and scheduled the hearing for the application for condonation of delay for 10.03.2025.
Admission
The Tribunal recorded the arguments regarding the applicability of the Limitation Act to RERA complaints and adjourned the matter for hearing on 20.02.2025.
Admission
The Tribunal granted the appellant's counsel 10 days to file a rejoinder affidavit to the respondent's objections and scheduled the matter for orders on 28.01.2025.
Admission
The Tribunal granted the respondent 10 days to file objections to the appeal and directed the next hearing to be held on 08.01.2025.
Admission
The Tribunal granted the respondent seven days to file objections and directed the applicant to file a reply within one week of receiving said objections, with the matter listed for orders on 28.10.2024.
Defect Removal
The Tribunal verified the appeal is within limitation and directed the issuance of notice to the respondent, setting the next hearing date for 16.08.2024.
Tribunal Order #0901126027022024-29-08-2025
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits.
Ruling Awarded To
Appellant
Interest Period
from the date of allotment/agreement till the date of offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Saurabh Misra
- Gautam Johri
Official RERA Tribunal Orders (1)
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits.
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