Appellant / Complainant
Gorakhpur Development Authority
Respondent
Dimple Singh
Partial
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 0901126060992021 by Gorakhpur Development Authority against Dimple Singh before up_rera.
Hearing
The Tribunal ruled that delay interest must be computed from the completion date initially declared by the promoter (30.04.2017) rather than an extended date, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as it constituted circumstances beyond the developer's control.
Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-296/2022 to 19-12-2024.
Hearing
The court granted an adjournment requested by the appellant's counsel due to illness and scheduled the next hearing for November 7, 2024, noting that no further adjournments will be permitted on the next date.
Hearing
The Tribunal granted the appellant seven days to rectify defects in their amendment application and directed the respondent to file objections within one week after the defects are removed.
Hearing
The Tribunal granted a final adjournment to the appellant following a request from their counsel and scheduled the appeal for a final hearing on 29.08.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the case for orders on 26.07.2024, noting that a previous dismissal for want of prosecution had been recalled.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the appeal for hearing on 11.07.2024.
Hearing
The appeal filed by Gorakhpur Development Authority was dismissed due to the non-appearance of the appellant's counsel.
Hearing
The Tribunal has scheduled the appeal for its next hearing on 05.04.2024.
Hearing
The Tribunal noted that pleadings have been exchanged and the appeal is ready for hearing; consequently, the matter is scheduled for a hearing on March 1, 2024.
Hearing
The Tribunal granted a request from the appellant's counsel to list the appeal for hearing on 14.08.2023.
Hearing
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and adjourned the matter to 11.05.2023 to allow the respondent to examine service tax liability claims.
Delay condonation
The Tribunal directs the parties to refer to the order previously passed in Appeal No. (D) 285/2022 (Gorakhpur Development Authority Vs. Jagdhatri Mishra) for the relevant directions.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for March 31, 2023, to consider an application for condonation of delay and recall of a previous order.
Delay condonation
The Tribunal granted a one-week extension for the applicant to file objections to a recall application and adjourned the matter to 16.03.2023 due to the counsel's personal difficulty.
Compliance of section 43(5)
The Tribunal directed the respondent to clear all outstanding dues within 10 days, upon which the Gorakhpur Development Authority must execute the conveyance deed and hand over possession of the unit.
Delay condonation
The Tribunal directed the applicant (Gorakhpur Development Authority) to explain why possession of the unit has not been provided to the respondent and why a letter was issued stating no action could be taken during the pendency of the appeal.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with the case scheduled for hearing on 17.11.2022.
For Order
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and grounds of appeal, scheduling the next hearing for 21.10.2022.
Defect Removal
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for September 19, 2022.
Defect Removal
The Tribunal granted the respondent 15 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for July 21, 2022.
Tribunal Order #0901126060992021-19-12-2024
The Tribunal ruled that delay interest must be computed from the completion date initially declared by the promoter (30.04.2017) rather than an extended date, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as it constituted circumstances beyond the developer's control.
Tribunal Order #0901126060992021-27-04-2023
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and adjourned the matter to 11.05.2023 to allow the respondent to examine service tax liability claims.
Tribunal Order #0901126060992021-22-11-2022
The Tribunal directed the respondent to clear all outstanding dues within 10 days, upon which the Gorakhpur Development Authority must execute the conveyance deed and hand over possession of the unit.
Tribunal Order #0901126060992021-17-11-2022
The Tribunal directed the applicant (Gorakhpur Development Authority) to explain why possession of the unit has not been provided to the respondent and why a letter was issued stating no action could be taken during the pendency of the appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that delay interest must be computed from the completion date initially declared by the promoter (30.04.2017) rather than an extended date, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as it constituted circumstances beyond the developer's control. Awarded in favor of Partial.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that delay interest must be computed from the completion date initially declared by the promoter (30.04.2017) rather than an extended date, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as it constituted circumstances beyond the developer's control.
Ruling Awarded To
Partial
Interest Period
from 30.04.2017 till handing over possession, excluding the period of injunction from 17.12.2018 to 12.01.2021
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Rakesh Bajpai
Respondent Advocate(s)
- Abhishek Khare
- Sunil Kumar Singh
- Aarohi Bhalla
Official RERA Tribunal Orders (4)
The Tribunal ruled that delay interest must be computed from the completion date initially declared by the promoter (30.04.2017) rather than an extended date, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as it constituted circumstances beyond the developer's control.
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and adjourned the matter to 11.05.2023 to allow the respondent to examine service tax liability claims.
The Tribunal directed the respondent to clear all outstanding dues within 10 days, upon which the Gorakhpur Development Authority must execute the conveyance deed and hand over possession of the unit.
The Tribunal directed the applicant (Gorakhpur Development Authority) to explain why possession of the unit has not been provided to the respondent and why a letter was issued stating no action could be taken during the pendency of the appeal.
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