Appellant / Complainant
Atul Kumar Misra
Respondent
U.P. Awas Evam Vikas Parishad
₹60,10,564
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 0901126027122024 by Atul Kumar Misra 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 all parties and has reserved the judgment for further consideration.
Further Hearing
The Tribunal has adjourned the ongoing arguments in Appeal-225/2024 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 tribunal has adjourned the appeal for orders/hearing to 11.04.2025 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 Tribunal has adjourned the matter to April 8, 2025, at 1:30 PM following a joint request from both parties.
Admission
The Tribunal heard arguments from the parties and their respective counsels and adjourned the appeal for further hearing on March 27, 2025.
Admission
The Tribunal has adjourned the appeal to March 20, 2025, for orders or hearing upon the request of the respondent's counsel.
Admission
The appeal was adjourned to 10.03.2025 following a request for adjournment by the respondent's counsel due to illness.
Admission
The Tribunal noted the arguments regarding the applicability of the Limitation Act to RERA complaints and listed the appeal for further hearing on February 20, 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 applicant to file a reply within one week after receiving said objections, scheduling the next hearing for 08.01.2025.
Admission
The Tribunal granted the respondent 7 days to file objections and directed the applicant to file a reply within one week after receiving them, scheduling the next hearing for 28.10.2024.
Defect Removal
The Tribunal noted that the appeal is within the limitation period and directed the issuance of notice to the respondent, setting a timeline for service of process and the filing of objections.
Tribunal Order #0901126027122024-29-08-2025
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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