Appellant / Complainant
Gorakhpur Development Authority
Respondent
Binda 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 0901126027202022 by Gorakhpur Development Authority against Binda Rai before up_rera.
For Order
The Tribunal allowed an application to correct several typographical errors regarding specific dates within the previous 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) as a force majeure event.
Further Hearing
The court 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 has scheduled 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 appeal for hearing on 04.10.2024.
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 parties to a previous order passed on a different appeal number (Appeal No. 285/2022) for further orders.
For Order
The Tribunal has scheduled the appeal for a hearing on 09.05.2024.
For Order
The Tribunal has adjourned the appeal to 08.04.2024 for a joint hearing with similar appeals, following a request from both parties' counsel.
For Order
The Tribunal has noted the absence of the Appellant's counsel due to sanctioned leave and has scheduled the defective appeal for orders on 18.03.2024.
For Order
The Tribunal has scheduled the appeal for a subsequent hearing on 29.02.2024.
For Order
The Tribunal refers the parties to a previously passed order dated in Appeal No. D 285/2022 for directions.
For Order
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work, rescheduling the matter for 13.10.2023.
For Order
The Tribunal refers the parties to a previous order passed on Appeal No. (D) 285/2022 regarding the matter.
For Order
This is a procedural order referencing a previous order passed on Appeal No. (D) 285/2022.
Delay condonation
The Tribunal granted the appellant a 10-day extension to file a reply to the respondent's objections due to health reasons and directed the service of the reply via email and e-portal.
Hearing
The Tribunal directed the respondent to serve objections via email and ordered the appellant to file a reply on the e-portal before the next hearing scheduled for 21.10.2022.
Exchange of pleadings
The Tribunal granted the respondent three days to file objections to the appeal and directed the parties to exchange replies and upload documents to the e-portal before the next hearing on 19.09.2022.
Delay condonation
The Tribunal condoned a 141-day delay in filing the appeal by applying the COVID-19 period relaxations granted by the Supreme Court and directed the Registry to register the defective appeal as a regular appeal.
Defect Removal
The Tribunal recorded the deposit of fees by the appellant and granted the respondent one week to file objections to the condonation of delay application and grounds of appeal, scheduling the next hearing for 04.08.2022.
Defect Removal
The Tribunal issued notice to the respondent for July 18, 2022, and directed the appellant to rectify a court fee defect on the vakalatnama and serve the appeal documents via speed post and email.
Tribunal Order #0901126027202022-25-11-2024
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) as a force majeure event.
Tribunal Order #0901126027202022-05-08-2022
The Tribunal condoned a 141-day delay in filing the appeal by applying the COVID-19 period relaxations granted by the Supreme Court and directed the Registry to register the defective appeal as 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) as a force majeure event. 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) as a force majeure event.
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) as a force majeure event.
The Tribunal condoned a 141-day delay in filing the appeal by applying the COVID-19 period relaxations granted by the Supreme Court and directed the Registry to register the defective appeal as a regular appeal.
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