Appellant / Complainant
Gorakhpur Development Authority
Respondent
Ramesh Chandra Mishra
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 0901126064962021 by Gorakhpur Development Authority against Ramesh Chandra Mishra before up_rera.
For Order
The Tribunal allowed an application to correct typographical errors regarding specific dates within the judgment and order dated 25.11.2024.
Further Hearing
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as a force majeure event.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and scheduled the case for orders on 25.11.2024.
For Order
The Tribunal allowed the appellant's application for amendment (IA No. 1265 of 2024) and scheduled the appeal for further hearing on 16.10.2024.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to a bereavement in her family and rescheduled the hearing for 04.10.2024.
For Order
The Tribunal refers the parties to a previously passed order dated in Appeal No. 290/2022 for further directions.
For Order
The Tribunal refers the parties to a previous order passed in Appeal No. 285/2022 for the relevant directions.
For Order
The Tribunal ordered the appeal to be listed for a hearing on 09.05.2024.
For Order
The Tribunal issued a procedural order referring to a previous order in Appeal No. D285 of 2022 and scheduled the matter for its next hearing on 08.04.2024.
For Order
The Tribunal noted the absence of the respondent's counsel due to sanctioned leave and ordered the defective appeal to be listed for orders on 18.03.2024.
For Order
The Tribunal directed that the appeal be listed for a hearing on 29.02.2024, referring to a previous order passed in Appeal No. D285/2022.
For Order
The Tribunal refers the parties to a previously passed order dated in Appeal No. D 285/2022 for the directions contained therein.
For Order
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.
Delay condonation
The Tribunal refers the parties to a previously passed order dated 31.03.2023 regarding Appeal No. (D) 285/2022 for the relevant directions.
Delay condonation
The Tribunal refers the parties to a previous order passed on Appeal No. (D) 285/2022 regarding the current matter.
Delay condonation
The Tribunal directed the appellant to provide a hard copy of the memo of appeal and annexures to the respondent within 48 hours to facilitate the filing of objections.
Delay condonation
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 November 17, 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, with a subsequent hearing scheduled 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 #0901126064962021-25-11-2024
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as a force majeure event.
Tribunal Disposal & Final Award Ruling
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as a force majeure event. Awarded in favor of Partial.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as a force majeure event.
Ruling Awarded To
Partial
Interest Period
from 13.04.2017 till handing over possession, excluding the period of injunction granted by the NGT 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
- Aahuti Agarwal
Official RERA Tribunal Orders (1)
The Tribunal ruled that delay interest for the 'Lohia Enclave Phase-1 Yojna' project must be computed from the initially declared completion date of 13.04.2017, while excluding the period of the NGT injunction (17.12.2018 to 12.01.2021) as a force majeure event.
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