Appellant / Complainant
Santosh Kumar Saxena
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 0901126027072024 by Santosh Kumar Saxena against U.P. Awas Evam Vikas Parishad before up_rera.
for delivery of Judgment/Order
The Tribunal quashed the Regulatory Authority's orders that had rejected complaints on limitation grounds, ruling that the Limitation Act does not apply to RERA proceedings and that promoters cannot evade statutory interest obligations by citing delay or the execution of conveyance deeds.
Further Hearing
The Tribunal heard arguments from various counsels representing the appellant and respondents, and subsequently reserved the judgment for further delivery.
Further Hearing
The Tribunal has adjourned the ongoing arguments in Appeal-235/2024 and scheduled the matter for further hearing on April 21, 2025, at 1:30 p.m.
Further Hearing
Upon the joint request of the counsels for both parties, the appeal has been adjourned and listed for orders/hearing on 11.04.2025 at 10.30 A.M.
Further Hearing
The Tribunal refers the matter to a previous order passed in Appeal No. D 220/2024 (Jitendra Kumar Shukla Vs. U.P. Avas Evam Vikas Parishad) for directions.
Further Hearing
The matter has been adjourned to 08.04.2025 at 1:30 PM upon the joint request of both parties.
Admission
The Tribunal heard arguments from the appellant, amicus curiae, and the regulatory authority, and subsequently adjourned the appeal for further hearing on March 27, 2025.
Admission
The Tribunal has adjourned the appeal to 20.03.2025 for orders/hearing upon the request of the respondent's counsel.
Admission
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the defective appeal for hearing on March 10, 2025.
Admission
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 one-week window for the appellant to file a rejoinder.
Admission
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 timeline for the appellant to file a reply.
Admission
The Tribunal granted the respondent 10 days to file objections to the appeal and directed the applicant to file a reply within one week of receiving said objections, with the next hearing scheduled for 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, scheduling the next hearing for 28.10.2024.
Defect Removal
The Tribunal admitted the appeal as being within the limitation period and directed the issuance of notice to the respondent, setting a hearing date for 16.08.2024.
Tribunal Order #0901126027072024-29-08-2025
The Tribunal quashed the Regulatory Authority's orders that had rejected complaints on limitation grounds, ruling that the Limitation Act does not apply to RERA proceedings and that promoters cannot evade statutory interest obligations by citing delay or the execution of conveyance deeds.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Regulatory Authority's orders that had rejected complaints on limitation grounds, ruling that the Limitation Act does not apply to RERA proceedings and that promoters cannot evade statutory interest obligations by citing delay or the execution of conveyance deeds. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Regulatory Authority's orders that had rejected complaints on limitation grounds, ruling that the Limitation Act does not apply to RERA proceedings and that promoters cannot evade statutory interest obligations by citing delay or the execution of conveyance deeds.
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 quashed the Regulatory Authority's orders that had rejected complaints on limitation grounds, ruling that the Limitation Act does not apply to RERA proceedings and that promoters cannot evade statutory interest obligations by citing delay or the execution of conveyance deeds.
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