Appellant / Complainant
Gorakhpur Development Authority
Respondent
Vivek Kumar Rai
Partial
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 0901126027192022 by Gorakhpur Development Authority against Vivek Kumar Rai before up_rera.
For Order
The Tribunal allowed an application to correct several typographical errors regarding specific dates within the judgment and order dated 25.11.2024.
Further Hearing
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021).
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and scheduled the case for orders on 25.11.2024.
For Order
The Tribunal heard partial arguments from counsel for both parties and adjourned the appeal for further hearing on 16.10.2024.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to a bereavement in her family and rescheduled the hearing for October 4, 2024.
For Order
The Tribunal has adjourned the appeal to 02.08.2024 for orders/hearing following a joint request from the counsels of both parties.
For Order
The Tribunal refers the matter to a previous order passed on a related appeal (Appeal No. 285/2022) for further directions.
For Order
The Tribunal has listed Appeal-288/2022 for a hearing on 09.05.2024, referring to a previous order passed in a related appeal.
For Order
The Tribunal has adjourned the appeal to 08.04.2024 for a joint hearing alongside other similar appeals, following a request from the counsel for both parties.
For Order
The Tribunal noted that the counsel for the appellant is on sanctioned leave and directed the defective appeal to be listed for orders on 18.03.2024.
For Order
The Tribunal issued a procedural order to list the appeal on 29.02.2024 and referred to a previous order passed in Appeal No. D285/2022.
For Order
The Tribunal directs the parties to refer to the order previously passed in Appeal No. D 285/2022 for directions.
For Order
The Tribunal adjourned the proceedings and rescheduled the hearing for 13.10.2023 due to a three-day strike called by the Bar Council of Uttar Pradesh.
Delay condonation
The Tribunal refers the parties to a previously passed order dated 31.03.2023 in the related Appeal No. (D) 285/2022 (Gorakhpur Development Authority Vs. Jagdhatri Mishra).
Delay condonation
This is a procedural order directing the parties to refer to a previously passed order dated 20.02.2023 regarding Appeal No. (D) 285/2022.
Delay condonation
The Tribunal granted the appellant a final 10-day extension to file a reply to the respondent's objections and directed that the reply be emailed to the respondent and uploaded to the e-portal.
Delay condonation
The Tribunal condoned the delay in filing the appeal by the Gorakhpur Development Authority, citing Supreme Court precedents regarding limitation extensions, and directed the Registry to convert the defective appeal into a regular appeal.
For Order
The Tribunal directed the respondent to provide objections via email and instructed the applicant to file a reply on the e-portal, scheduling the next hearing for 21.10.2022.
Defect Removal
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with the case scheduled for hearing on 19.09.2022.
Defect Removal
The Tribunal granted the respondent 15 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for July 21, 2022.
Tribunal Order #0901126027192022-25-11-2024
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021).
Tribunal Order #0901126027192022-21-10-2022
The Tribunal condoned the delay in filing the appeal by the Gorakhpur Development Authority, citing Supreme Court precedents regarding limitation extensions, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021). Awarded in favor of Partial.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021).
Ruling Awarded To
Partial
Interest Period
from 13.04.2017 till handing over possession, excluding the period of injunction granted by the NGT from 17.12.2018 to 12.01.2021
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rakesh Bajpai
Respondent Advocate(s)
- Abhishek Khare
Official RERA Tribunal Orders (2)
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021).
The Tribunal condoned the delay in filing the appeal by the Gorakhpur Development Authority, citing Supreme Court precedents regarding limitation extensions, and directed the Registry to convert the defective appeal into a regular appeal.
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