Appellant / Complainant
Lucknow Development Authority
Respondent
Sameer Kumar Mishra
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 0901126005172021 by Lucknow Development Authority against Sameer Kumar Mishra before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal.
Further Order
The Tribunal heard arguments from both counsels and scheduled the appeal for the delivery of judgment on December 30, 2022.
Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the defective appeal for hearing on 04.11.2022.
Hearing
The Tribunal adjourned the appeal to 30.09.2022 for hearing and directed both counsels to be present on the next date.
Hearing
The Tribunal directed the parties to exchange lists of dates, events, and relied-upon cases at least 10 days prior to the next hearing and scheduled the case for final hearing on 01.09.2022.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the appeal for hearing on 11.08.2022.
Hearing
The Tribunal granted the respondent one month to file a reply to the memo of appeal and directed both parties to upload their pleadings on the e-portal at least seven days before the next hearing.
Hearing
The Tribunal has scheduled a defective appeal for May 11, 2022, to address the application regarding limitation and any corresponding objections.
Final Hearing
The Tribunal granted the respondent a final opportunity to file objections against the limitation application and scheduled the matter for further orders on 13.04.2022.
Delay condonation
The Tribunal granted an adjournment application filed by the counsel for the applicant and rescheduled the case for hearing on 12.01.2022.
For Order
The Tribunal noted that notice was duly served on the respondent and adjourned the matter to 26.11.2021 to coincide with a related case.
Hearing
The Tribunal directed the issuance of notice to the respondent via registered post and email and scheduled the defective appeal for a hearing on 17.11.2021.
Delay condonation
The Tribunal granted an adjournment application filed on behalf of the appellant and rescheduled the defective appeal for hearing on 24.09.2021.
Defect Removal
The Tribunal granted an adjournment requested by the appellant due to counsel's illness and directed the respondent to file objections to the condonation of delay application within two weeks.
Defect Removal
The Tribunal directed the appellant to ensure compliance with a previous order dated 21.01.2021 and scheduled the defective appeal for a hearing on 08.03.2021.
Defect Removal
The Tribunal directed the appellant to deposit the balance amount required under Section 43(5) of the Act along with a CA Certificate within two weeks and to file an application for condonation of delay.
Tribunal Order #0901126005172021-30-12-2022
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal.
Tribunal Order #0901126005172021-21-01-2021
The Tribunal directed the appellant to deposit the balance amount required under Section 43(5) of the Act along with a CA Certificate within two weeks and to file an application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal.
Ruling Awarded To
Respondent
Interest Period
from 27.04.2013 to 26.10.2016
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Alok Sinha
Official RERA Tribunal Orders (2)
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal.
The Tribunal directed the appellant to deposit the balance amount required under Section 43(5) of the Act along with a CA Certificate within two weeks and to file an application for condonation of delay.
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