Appellant / Complainant
Lucknow Development Authority
Respondent
Rakesh Kumar Sajjan, Gurmmet Kaur
₹30,90,000
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 0901126005202022 by Lucknow Development Authority against Rakesh Kumar Sajjan, Gurmmet Kaur before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to deliver possession and pay delay interest (SBI MCLR+1%) to the respondent. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Hearing
The Tribunal heard arguments from both the appellant and respondent regarding specific grounds of appeal against a Regulatory Authority order, but reserved judgment for a later date.
Delay condonation
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu Writ Petition (Civil) No. 3 of 2020 guidelines and directed the Registry to convert the defective appeal into a regular 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 a subsequent deadline for the applicant to reply. The case is scheduled for hearing on May 6, 2022.
Notice
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 April 11, 2022.
Defect Removal
The Tribunal issued notice to the respondent regarding an application for condonation of delay after verifying that the appellant deposited the required amount under Section 43(5) of the Act.
Tribunal Order #0901126005202022-29-09-2022
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to deliver possession and pay delay interest (SBI MCLR+1%) to the respondent. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126005202022-06-05-2022
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu Writ Petition (Civil) No. 3 of 2020 guidelines and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to deliver possession and pay delay interest (SBI MCLR+1%) to the respondent. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: State Bank of India's MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to deliver possession and pay delay interest (SBI MCLR+1%) to the respondent. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
State Bank of India's MCLR+1%
Interest Period
20.08.2013 to 25.04.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
Respondent Advocate(s)
- Siddharth Nandwani
- Abhishek Shukla
Official RERA Tribunal Orders (2)
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to deliver possession and pay delay interest (SBI MCLR+1%) to the respondent. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal condoned the delay in filing the appeal by applying the Supreme Court's Suo Motu Writ Petition (Civil) No. 3 of 2020 guidelines and directed the Registry to convert the defective appeal into a regular appeal.
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