Appellant / Complainant
Sunil Kumar Gandhi
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 0901126027082024 by Sunil Kumar Gandhi 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 has heard the arguments from the counsels for the appellant and respondents and has reserved the judgment for further delivery.
Further Hearing
The Tribunal has adjourned the ongoing arguments in Appeal-222/2024 and scheduled the matter for further hearing on April 21, 2025.
Further Hearing
The Tribunal has granted a request from the counsel for both parties to adjourn the appeal and has rescheduled the hearing for April 11, 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
Upon the joint request of both parties, the matter has been adjourned and rescheduled for hearing on April 8, 2025, at 1:30 PM.
Admission
The Tribunal has adjourned the appeal for further hearing, scheduling the next session for March 27, 2025, at 1:30 p.m.
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 appeal for a hearing on March 10, 2025.
Admission
The Tribunal noted the arguments regarding the applicability of the Limitation Act to the RERA Act and adjourned the matter to 20.02.2025 for further hearing.
Admission
The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and directed that a copy be emailed to the appellant, with the appellant permitted to file a reply within one week thereafter.
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 7 days to file objections and allowed the applicant one week to file a reply thereafter, scheduling the next hearing for 28.10.2024.
Defect Removal
The Tribunal noted the appeal is within limitation and directed the issuance of notice to the respondent, setting a timeline for service of process and the filing of objections/replies.
Tribunal Order #0901126027082024-29-08-2025
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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