Appellant / Complainant
Sheo Prasad Singh
Respondent
U.P. Awas Evam Vikas Parishad
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 0901126027092024 by Sheo Prasad Singh 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 quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts.
Further Hearing
The Tribunal has heard the arguments from the counsels for all parties and has reserved the judgment for further consideration.
Further Hearing
The Tribunal has adjourned the ongoing arguments in Appeal-223/2024 and scheduled the matter for further hearing on April 21, 2025, at 1:30 p.m.
Further Hearing
The Tribunal has granted a request from the counsel for both parties to adjourn the appeal and rescheduled the hearing for April 11, 2025, at 10:30 a.m.
Further Hearing
The Tribunal issued a procedural order directing the parties to refer to a previously passed order dated 08.04.2025 in a related appeal (Jitendra Kumar Shukla Vs. U.P. Avas Evam Vikas Parishad).
Further Hearing
The matter has been adjourned to April 8, 2025, at 1:30 PM following a joint request from both parties.
Admission
The Tribunal heard arguments from the appellant's counsel and amicus curiae, subsequently adjourning 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 appeal for hearing on 10.03.2025.
Admission
The Tribunal noted 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 respondent 10 days to file objections to the appeal and directed the appellant to file a reply within one week of receiving them, scheduling the next hearing for 28.01.2025.
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 after receiving said objections, with the next hearing scheduled for 08.01.2025.
Admission
The Tribunal granted the respondent 7 days to file objections, with the appellant permitted to file a reply within one week of receiving them. The matter is listed for orders on 28.10.2024.
Defect Removal
The Tribunal verified that the appeal is within the limitation period and directed the issuance of notice to the respondent, setting a hearing date for 16.08.2024.
Tribunal Order #0901126027092024-29-08-2025
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts. 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 quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts.
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 quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts.
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