Appellant / Complainant
Neetu Sanjay Gangwar, Sanjay Gangwar
Respondent
Lucknow Development Authority
₹84,50,000
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 0901126000392022 by Neetu Sanjay Gangwar, Sanjay Gangwar against Lucknow Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, ruling that the shifting of high-tension wires did not constitute force majeure and directing the Lucknow Development Authority to pay interest at MCLR+1% from the promised possession date (10.09.2014) until actual physical possession was handed over (13.06.2022).
Hearing
The appellant is challenging the period for which interest is payable, seeking interest from 14.09.2014 until actual possession rather than from the date of offer of possession; however, the judgment has been reserved.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on personal grounds and rescheduled the hearing for 24.08.2023.
Hearing
The Tribunal adjourned the matter and scheduled it for a hearing or orders on 09.08.2023 because neither party's counsel was present.
Hearing
The court granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 29.05.2023.
Hearing
The court granted a request by the appellant's counsel to adjourn the matter, rescheduling the hearing for 21.04.2023.
Hearing
The Tribunal granted a request by the respondent's counsel to adjourn the matter, rescheduling the appeal for orders on 20.04.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to health grounds and scheduled the appeal for hearing on 19.04.2023.
Hearing
The Tribunal granted the respondent additional time to examine the appellant's reply after technical difficulties accessing it on the e-portal and adjourned the hearing to 28.03.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 13.12.2022.
Hearing
The Tribunal adjourned the appeal due to the absence of the Respondent and scheduled the matter for hearing on 17.11.2022.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the hearing for September 15, 2022.
Hearing
The Tribunal granted the appellant three days to file a reply to the respondent's objections and directed that a soft copy be sent to the respondent, scheduling the next hearing for 18.08.2022.
Hearing
The Tribunal granted the appellant one week's time to file a reply to the respondent's objections and scheduled the next hearing for 10.08.2022.
to file objections and its reply
The Tribunal directed the respondent's counsel to resolve any deficiencies regarding their vakalatnama and granted the appellant 10 days to file a reply to the respondent's objections.
Notice
The Tribunal granted the respondent 10 days to file objections to the appeal and directed the parties to exchange replies via email and upload them to the e-portal before the next hearing on 04.07.2022.
Delay condonation
The Tribunal allowed the application for condonation of delay, ruling that the appeal filing was protected by the Supreme Court's extension of limitation periods due to the Covid-19 pandemic, and subsequently issued notice to the respondent.
Delay condonation
The Tribunal decided to proceed ex-parte against the Lucknow Development Authority due to failure of service and non-appearance, and scheduled a hearing for April 18, 2022, to consider the application for condonation of delay.
Further Order
The Tribunal found service on the Lucknow Development Authority sufficient and granted them 10 days to file objections, warning that the matter may proceed ex-parte if they fail to appear or file a reply by the next hearing.
Delay condonation
The Tribunal issued notice to the respondent and directed the appellant to serve the appeal via speed post and file an affidavit of service before the next hearing on 08.02.2022.
Tribunal Order #0901126000392022-24-08-2023
The appellant is challenging the period for which interest is payable, seeking interest from 14.09.2014 until actual possession rather than from the date of offer of possession; however, the judgment has been reserved.
Tribunal Order #0901126000392022-18-04-2022
The Tribunal allowed the application for condonation of delay, ruling that the appeal filing was protected by the Supreme Court's extension of limitation periods due to the Covid-19 pandemic, and subsequently issued notice to the respondent.
Tribunal Order #0901126000392022-13-04-2022
The Tribunal decided to proceed ex-parte against the Lucknow Development Authority due to failure of service and non-appearance, and scheduled a hearing for April 18, 2022, to consider the application for condonation of delay.
Tribunal Order #0901126000392022-14-09-2023
The Tribunal partially allowed the appeal, ruling that the shifting of high-tension wires did not constitute force majeure and directing the Lucknow Development Authority to pay interest at MCLR+1% from the promised possession date (10.09.2014) until actual physical possession was handed over (13.06.2022).
Tribunal Order #0901126000392022-23-03-2022
The Tribunal found service on the Lucknow Development Authority sufficient and granted them 10 days to file objections, warning that the matter may proceed ex-parte if they fail to appear or file a reply by the next hearing.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, ruling that the shifting of high-tension wires did not constitute force majeure and directing the Lucknow Development Authority to pay interest at MCLR+1% from the promised possession date (10.09.2014) until actual physical possession was handed over (13.06.2022). Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, ruling that the shifting of high-tension wires did not constitute force majeure and directing the Lucknow Development Authority to pay interest at MCLR+1% from the promised possession date (10.09.2014) until actual physical possession was handed over (13.06.2022).
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from 10.09.2014 till the actual date of possession (i.e. 13.06.2022)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhinav Singh
- Shashank Singh
Respondent Advocate(s)
- Abhishek Khare
Official RERA Tribunal Orders (5)
The appellant is challenging the period for which interest is payable, seeking interest from 14.09.2014 until actual possession rather than from the date of offer of possession; however, the judgment has been reserved.
The Tribunal allowed the application for condonation of delay, ruling that the appeal filing was protected by the Supreme Court's extension of limitation periods due to the Covid-19 pandemic, and subsequently issued notice to the respondent.
The Tribunal decided to proceed ex-parte against the Lucknow Development Authority due to failure of service and non-appearance, and scheduled a hearing for April 18, 2022, to consider the application for condonation of delay.
The Tribunal partially allowed the appeal, ruling that the shifting of high-tension wires did not constitute force majeure and directing the Lucknow Development Authority to pay interest at MCLR+1% from the promised possession date (10.09.2014) until actual physical possession was handed over (13.06.2022).
The Tribunal found service on the Lucknow Development Authority sufficient and granted them 10 days to file objections, warning that the matter may proceed ex-parte if they fail to appear or file a reply by the next hearing.
Need to research all rulings for a builder?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.