Appellant / Complainant
Shivendra Nath Dwivedi, Payal Dwivedi
Respondent
Lucknow Development Authority
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 0901126030922024 by Shivendra Nath Dwivedi, Payal Dwivedi against Lucknow Development Authority 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 held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits.
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-472/2024 and scheduled the matter for further hearing on April 21, 2025, at 1:30 p.m.
Further Hearing
Upon the joint request of the counsel for both parties, the tribunal has adjourned the appeal to be listed on 11.04.2025 at 10:30 a.m.
Hearing
The Tribunal refers the parties to a previously passed order dated 08.04.2025 in a related appeal (Jitendra Kumar Shukla Vs. U.P. Avas Evam Vikas Parishad) for the directions in this matter.
Admission
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 has scheduled the case for orders or hearing on 27.03.2025 before Court No. 1.
Admission
The Tribunal granted the respondent 10 days to file objections and allowed a subsequent week for the appellant to file a rejoinder, scheduling the next hearing for March 26, 2025.
Admission
The Tribunal granted the respondent ten days to file objections to the grounds of appeal and permitted the appellant to file a rejoinder within one week of receiving said objections.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural steps for service of notice and the exchange of objections and replies, scheduling the next hearing for February 6, 2025.
Tribunal Order #0901126030922024-29-08-2025
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits. 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 held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits.
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)
- Atul Tripathi
Respondent Advocate(s)
- Abhishek Khare
Official RERA Tribunal Orders (1)
The Tribunal ruled that the Limitation Act does not apply to complaints filed under the RERA Act 2016 and held that promoters cannot evade their statutory obligation to pay delay interest by citing laches or the execution of a conveyance deed. Consequently, the Tribunal quashed the Regulatory Authority's orders rejecting complaints on limitation grounds and restored the appeals for decision on merits.
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