Appellant / Complainant
Lucknow Development Authority
Respondent
Avanish Kumar Shukla
₹3,13,887
Respondent
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 0901126001822022 by Lucknow Development Authority against Avanish Kumar Shukla before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Regulatory Authority's order directing a refund of Rs. 3,13,887 to the respondent with interest at MCLR+1% due to project delay.
Hearing
The Tribunal heard arguments from both parties regarding the appeal filed by Lucknow Development Authority and subsequently reserved the judgment for further deliberation.
For Order
The Tribunal granted an adjournment requested by both the respondent's counsel due to illness and the appellant's counsel to review previous judgments, rescheduling the hearing for 31.01.2023.
For Order
The Tribunal noted that pleadings have been exchanged and the appeal is ripe for hearing; consequently, the matter is scheduled for orders/hearing on 29.11.2022.
Hearing
The Tribunal granted a one-week extension to the appellant for filing a reply to the respondent's objections, with a warning that failure to do so by the next hearing on 31.10.2022 will result in the forfeiture of the right to file a reply.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the appeal for hearing on 23.09.2022.
Delay condonation
The Tribunal granted a final one-week extension to the respondent for filing objections to the appeal and warned that the matter may proceed ex-parte if they fail to comply by the next hearing on 02.09.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal by the Lucknow Development Authority, citing Supreme Court guidelines regarding limitation periods, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal ruled that service of notice via post and email is sufficient and granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal.
Delay condonation
The Tribunal granted the applicant three days to correct a procedural error regarding the filing of an affidavit of service in the proper folder and scheduled the case for hearing on May 24, 2022.
Delay condonation
The Tribunal directed the Registry to verify the visibility of the uploaded affidavit of service and rectify any defects before the next hearing on 19.05.2022.
Delay condonation
The Tribunal directed the applicant to comply with a previous order by sending the notice and memo of appeal to the respondent via email, providing the respondent's email ID from the dashboard, and scheduled the defective appeal for hearing on 11.05.2022.
Further Order
The Tribunal noted compliance with Section 43(5) regarding the deposit of Rs. 5,31,723/- and issued notice to the respondent on the application for condonation of delay, scheduling the next hearing for 04.05.2022.
Defect Removal
The Tribunal directed the appellant to deposit the principal amount required under Section 43(5) of the Act and to rectify registry defects before the next hearing date.
Tribunal Order #0901126001822022-24-05-2022
The Tribunal ruled that service of notice via post and email is sufficient and granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal.
Tribunal Order #0901126001822022-31-05-2023
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Regulatory Authority's order directing a refund of Rs. 3,13,887 to the respondent with interest at MCLR+1% due to project delay.
Tribunal Order #0901126001822022-14-07-2022
The Tribunal condoned the delay in filing the appeal by the Lucknow Development Authority, citing Supreme Court guidelines regarding limitation periods, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126001822022-27-01-2022
The Tribunal directed the appellant to deposit the principal amount required under Section 43(5) of the Act and to rectify registry defects before the next hearing date.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Regulatory Authority's order directing a refund of Rs. 3,13,887 to the respondent with interest at MCLR+1% due to project delay. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Regulatory Authority's order directing a refund of Rs. 3,13,887 to the respondent with interest at MCLR+1% due to project delay.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from the date of deposit till the date of actual refund of money
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Yogendra Sharma
Respondent Advocate(s)
- Shivendra Rao
Official RERA Tribunal Orders (4)
The Tribunal ruled that service of notice via post and email is sufficient and granted the respondent 10 days to file objections to the application for condonation of delay and grounds of appeal.
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Regulatory Authority's order directing a refund of Rs. 3,13,887 to the respondent with interest at MCLR+1% due to project delay.
The Tribunal condoned the delay in filing the appeal by the Lucknow Development Authority, citing Supreme Court guidelines regarding limitation periods, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal directed the appellant to deposit the principal amount required under Section 43(5) of the Act and to rectify registry defects before the next hearing date.
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