Appellant / Complainant
Anil Kumar Singh
Respondent
Kanpur 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 0901126038852023 by Anil Kumar Singh against Kanpur Development Authority before up_rera.
Re-Hearing
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to delay interest from 16.06.2019 to 11.11.2020 (minus a six-month COVID-19 force majeure period), affirming that statutory rights to interest cannot be waived by the execution of a sale deed.
For Order
Upon the joint request of both parties, the appeal has been adjourned for orders or hearing on 07.02.2025.
Hearing
The Tribunal heard arguments from both parties regarding the appeal and has reserved its judgment for a later date.
Hearing
The Tribunal granted an adjournment request from the respondent's counsel on personal grounds but warned that no further adjournments will be permitted at the next hearing.
Hearing
The Tribunal adjourned the proceedings to 27.05.2024 due to the absence of the respondent and issued a strict directive that no further adjournments will be granted on the next date.
Hearing
The Tribunal granted a request from the respondent's counsel for additional time to address a query regarding reliance on overruled judgments and adjourned the matter to 21.05.2024.
Hearing
The Tribunal granted an adjournment to allow the appellant's counsel time to address objections regarding the maintainability of a second complaint filed for the same cause of action, rescheduling the matter for 14.05.2024.
Admission
The respondent's counsel requested an adjournment of the proceedings, and the tribunal rescheduled the hearing to 10.04.2024.
Admission
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the next hearing for March 6, 2024.
Admission
The Tribunal issued a notice to the respondent and outlined specific procedural instructions for service of notice via speed-post and email, scheduling the next hearing for 30.10.2023.
Admission
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the matter for 18.09.2023.
Tribunal Order #0901126038852023-07-02-2025
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to delay interest from 16.06.2019 to 11.11.2020 (minus a six-month COVID-19 force majeure period), affirming that statutory rights to interest cannot be waived by the execution of a sale deed.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to delay interest from 16.06.2019 to 11.11.2020 (minus a six-month COVID-19 force majeure period), affirming that statutory rights to interest cannot be waived by the execution of a sale deed. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to delay interest from 16.06.2019 to 11.11.2020 (minus a six-month COVID-19 force majeure period), affirming that statutory rights to interest cannot be waived by the execution of a sale deed.
Ruling Awarded To
Appellant
Interest Period
from 16.06.2019 until 11.11.2020 deducting six months towards covid pandemic force majeure
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Jayant Gupta
- Anjali Singh
- Shikhar Nigam
Respondent Advocate(s)
- Bhupendra Singh
- Somendra Pal Singh
Official RERA Tribunal Orders (1)
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to delay interest from 16.06.2019 to 11.11.2020 (minus a six-month COVID-19 force majeure period), affirming that statutory rights to interest cannot be waived by the execution of a sale deed.
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