Appellant / Complainant
Awadhesh Kumar Tiwari
Respondent
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 0901126028162024 by Awadhesh Kumar Tiwari 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 the appellant and respondents and has reserved the judgment for further pronouncement.
Further Hearing
The Tribunal has adjourned the matter and scheduled the appeal 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 appeal has been scheduled for orders/hearing on 11.04.2025 at 10:30 A.M.
Further Hearing
The Tribunal issued a procedural order referring the matter to a previous order passed in Appeal No. D 220/2024 (Jitendra Kumar Shukla Vs. U.P. Avas Evam Vikas Parishad).
Further Hearing
Upon the joint request of both parties, the Tribunal has adjourned the matter and scheduled it for a subsequent hearing on April 8, 2025, at 1:30 PM.
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 granted a request from the respondent's counsel to adjourn the matter, rescheduling the appeal for orders or hearing on 20.03.2025.
Admission
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for March 10, 2025.
Admission
The Tribunal noted the arguments regarding the applicability of the Limitation Act to the RERA Act and adjourned the matter to 20.02.2025 for further hearing alongside similar appeals.
Admission
The Tribunal granted the appellant 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 of receiving said objections, with the next hearing scheduled for 08.01.2025.
Admission
The Tribunal granted the respondent 7 days to file objections, with a provision for the applicant to file a reply within one week of receiving them, and scheduled the matter for orders on 28.10.2024.
Admission
The Tribunal found the appeal to be within the limitation period and issued notice to the respondent, scheduling the next hearing for 16.08.2024.
Tribunal Order #0901126028162024-29-08-2025
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 Johari
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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