Appellant / Complainant
Gorakhpur Development Authority
Respondent
Jagdhatri Mishra
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 0901126027622022 by Gorakhpur Development Authority against Jagdhatri Mishra before up_rera.
For Order
The Tribunal allowed an application to correct 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) as a force majeure event.
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 has heard partial arguments from both parties and scheduled the appeal for further hearing on October 16, 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 04.10.2024.
For Order
Upon the joint request of the counsels for both parties, the appeal has been adjourned and listed for orders/hearing on 02.08.2024.
For Order
The Tribunal adjourned the appeal to 08.07.2024 because the counsel for the appellant reported being ill.
For Order
The Tribunal has scheduled the appeal for a hearing on May 9, 2024.
For Order
The Tribunal condoned the delay in filing several defective appeals (including Appeal No. D475/2022) based on the Supreme Court's Suo Motu Writ Petition (C) No. 3 of 2020 and directed the Registry to convert them into regular appeals.
For Order
The Tribunal noted the absence of the appellant's counsel due to sanctioned leave and ordered the defective appeal to be listed for orders on 18.03.2024.
For Order
Upon the joint request of the counsels for both parties, the Tribunal has adjourned the matter and scheduled it for a new hearing date on 29.02.2024.
For Order
The Tribunal granted a request from the counsels to reschedule a group of cases involving common issues and fixed the next hearing date for January 24, 2024.
For Order
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.
For Order
The Tribunal granted the appellant a one-week extension to file replies to the respondent's objections and scheduled the matter for hearing on May 11, 2023.
For Order
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and directed that a soft copy be emailed to the respondent's counsel, scheduling the matter for March 31, 2023.
Delay condonation
The Tribunal directed the appellant to provide a hard copy of the appeal record to the respondent within 48 hours and established a timeline for filing objections and replies regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with the matter scheduled for hearing on 17.11.2022.
Defect Removal
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for 21.10.2022.
Defect Removal
The Tribunal noted the appellant's absence and granted a request to list this defective appeal before Bench No. 1 alongside related cases; the matter is adjourned to 19.09.2022.
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 #0901126027622022-25-11-2024
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 #0901126027622022-18-03-2024
The Tribunal condoned the delay in filing several defective appeals (including Appeal No. D475/2022) based on the Supreme Court's Suo Motu Writ Petition (C) No. 3 of 2020 and directed the Registry to convert them into regular appeals.
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 30.04.2017 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
- Aahuti Agarwal
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 the delay in filing several defective appeals (including Appeal No. D475/2022) based on the Supreme Court's Suo Motu Writ Petition (C) No. 3 of 2020 and directed the Registry to convert them into regular appeals.
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