Appellant / Complainant
Rishabh Varshney
Respondent
U.P. Awas Evam Vikas Parishad, The Uttar Pradesh Real Estate Regulatory Authority
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 0901126040432024 by Rishabh Varshney against U.P. Awas Evam Vikas Parishad, The Uttar Pradesh Real Estate Regulatory 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 court has heard the arguments from the respective counsels and has reserved the judgment for further consideration.
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
The Tribunal has adjourned the appeal to 11.04.2025 for hearing following a joint request from the counsel for both parties.
For Order
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 the relevant directions.
For Order
The Tribunal ordered that this appeal be listed before a Special Bench on 08.04.2025 along with other appeals of a similar nature.
For Order
The Tribunal adjourned the appeal to 28.03.2025, noting that counsels are abstaining from judicial work due to a U.P. Bar Council resolution.
For Order
The Tribunal granted a request for adjournment from the appellant's counsel and rescheduled the hearing for February 25, 2025.
For Order
The Tribunal adjourned the appeal to 05.02.2025 and directed the parties to exchange pleadings in the interim.
For Order
The Tribunal granted Respondent No. 2 ten days to file objections to the grounds of appeal and directed the appellant to file a reply within one week thereafter, scheduling the next hearing for January 8, 2025.
Admission
The Tribunal has admitted the appeal, issued notice to the respondent, and set a returnable date of December 10, 2024, while outlining the procedural requirements for service of notice and filing of objections.
Tribunal Order #0901126040432024-29-08-2025
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)
- Amit Yadav
Respondent Advocate(s)
- Shireesh Kumar
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.
Need to research all rulings for u.p. awas evam vikas parishad?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.