Appellant / Complainant
Adesh Kumar
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 0901126028192024 by Adesh Kumar against U.P. Awas Evam Vikas Parishad before up_rera.
for delivery of Judgment/Order
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts.
Further Hearing
The Tribunal heard arguments from various counsels representing the appellant and respondents, and subsequently reserved the judgment for further delivery.
Further Hearing
The Tribunal has adjourned the ongoing arguments in Appeal-234/2024 and scheduled the matter for further hearing on April 21, 2025.
Further Hearing
Upon the joint request of the counsels for both parties, the tribunal has adjourned the appeal to be listed for orders/hearing on 11.04.2025 at 10.30 A.M.
Further Hearing
The Tribunal refers the matter to a previous order passed in Appeal No. D 220/2024 (Jitendra Kumar Shukla Vs. U.P. Avas Evam Vikas Parishad) for orders.
Further Hearing
Upon the joint request of both parties, the matter has been adjourned and rescheduled for hearing on April 8, 2025, at 1:30 PM.
Admission
The Tribunal heard the parties and adjourned the appeal for further hearing, scheduled for March 27, 2025.
Admission
The court has adjourned the appeal to March 20, 2025, for orders or hearing, following a request from the respondent's counsel.
Admission
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the appeal for hearing on 10.03.2025.
Admission
The Tribunal noted the arguments regarding the applicability of the Limitation Act to RERA complaints and adjourned the matter to 20.02.2025 for further hearing.
Admission
The Tribunal granted the appellant ten days to file a rejoinder affidavit to the respondent's objections and scheduled the matter for orders on January 28, 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, scheduling the next hearing for 08.01.2025.
Admission
The Tribunal granted the respondent seven days to file objections and directed the applicant to file a reply within one week of receiving said objections, with the matter listed for orders on 28.10.2024.
Admission
The Tribunal issued notice to the respondent regarding the appeal against the Regulatory Authority's order and established a procedural timeline for service of notice and filing of objections.
Tribunal Order #0901126028192024-29-08-2025
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts.
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 ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and quashed the Regulatory Authority's orders that had rejected allottees' claims on limitation grounds. It further held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed, especially when they fail to compute such interest in the final statement of accounts.
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