Appellant / Complainant
Sunil Kumar Misra
Respondent
Kanpur Development Authority, Real Estate Regulatory Authority
₹3,31,500
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 0901126005792022 by Sunil Kumar Misra against Kanpur Development Authority, Real Estate Regulatory Authority before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Sunil Kumar Mishra, ruling that the Kanpur Development Authority had complied with the previous RERA order by adjusting delay interest against outstanding dues, executing the sale deed, and delivering possession of the unit.
Hearing
The Tribunal noted the absence of the appellant and, upon submission by the respondent's counsel that arguments are complete, reserved the judgment for delivery.
Hearing
The Tribunal has scheduled the appeal for a final hearing on 27.02.2025 and clarified that no further adjournments will be granted.
Hearing
The Tribunal adjourned the matter to 29.01.2025 and issued a warning that the case will proceed ex parte if the appellant fails to appear at the next hearing.
Hearing
The proceedings for Appeal-121/2022 were adjourned at the request of the appellant's counsel and are scheduled to be listed for hearing on January 3, 2025.
Hearing
The Tribunal adjourned the proceedings at the request of the appellant's counsel and scheduled the hearing for November 28, 2024, noting that no further adjournments will be granted.
Hearing
The Tribunal adjourned the appeal to 23.10.2024 because the respondent's counsel was unavailable due to proceedings in the High Court.
Hearing
The Tribunal granted an adjournment at the request of the appellant to allow for the uploading of a sale deed and scheduled the matter for hearing on 25.09.2024.
Hearing
The Tribunal directed the Kanpur Development Authority to provide the latest status of the flat in question regarding possession and the rectification of reported defects by the next hearing date.
Hearing
The Tribunal adjourned the matter to 30.07.2024 for final hearing, noting that the respondent claims the sale deed has been executed and possession of the flat provided.
Hearing
The appeal is adjourned to 02.07.2024 because the appellant failed to connect via video conferencing due to poor connectivity, and the court noted a requirement for the appellant's counsel to appear personally in future hearings.
Hearing
The Tribunal granted a final one-week extension to the appellant to file the required online complaint before the Regulatory Authority and scheduled the hearing for 02.05.2024.
Hearing
The Tribunal granted a request for adjournment by the appellant's counsel and rescheduled the hearing of Appeal-121/2022 to 03.04.2024.
Hearing
The Tribunal adjourned the proceedings due to the appellant's absence and directed the appellant to comply with a previous order by filing the online complaint copy and a reply to the respondent's objections.
Hearing
The Tribunal noted the absence of both parties and ordered the appeal to be listed for hearing/orders on 27.10.2023.
For Order
The Tribunal granted the appellant one week's time to place the online complaint filed before the Regulatory Authority on record and scheduled the matter for orders on 11.08.2023.
For Order
The Tribunal granted a 10-day extension to the appellant to file a reply to the respondent's objections and adjourned the matter to July 7, 2023, following an adjournment request on health grounds.
Further Order
The Tribunal found that the documents submitted by the Kanpur Development Authority did not constitute a valid Occupancy Certificate (OC) or Completion Certificate (CC) in accordance with the Act, and directed the respondent to file legally compliant OC/CC before the next hearing.
Hearing
This is a formal heading/caption of an appeal case (APPEAL-121/2022) before the U.P. Real Estate Appellate Tribunal; no substantive ruling or directive is contained in this text.
Hearing
The Tribunal directed the appellant to take physical possession of the allotted flat and instructed the Respondent (Kanpur Development Authority) to submit copies of the OC/CC and correct calculation details. Both parties were further ordered to submit specific financial clarifications regarding outstanding amounts before the next hearing.
Hearing
The Tribunal noted the respondent's commitment to hand over possession of the flat within 10 days and directed the applicant to file objections against the demand letter before the next hearing.
Delay condonation
The Tribunal condoned a 22-day delay in filing the appeal based on Supreme Court precedents and directed the Kanpur Development Authority to issue a fresh demand letter within 7 days, with the subsequent execution of the conveyance deed and delivery of possession contingent upon payment.
Delay condonation
The Tribunal directed the respondent to correct a filing error regarding their objections on the e-portal and granted the appellant ten days to file a reply.
Notice
The Tribunal granted the appellant's counsel one week to file an affidavit of service and upload it to the e-portal, subsequently listing the defective appeal for further orders on 05.05.2022.
Delay condonation
The Tribunal issued notice to the respondent and directed the appellant to serve the appeal via speed-post and email, scheduling the matter for 28.04.2022 to address the application for condonation of delay.
Tribunal Order #0901126005792022-30-07-2024
The Tribunal directed the Kanpur Development Authority to provide the latest status of the flat in question regarding possession and the rectification of reported defects by the next hearing date.
Tribunal Order #0901126005792022-09-11-2022
The Tribunal found that the documents submitted by the Kanpur Development Authority did not constitute a valid Occupancy Certificate (OC) or Completion Certificate (CC) in accordance with the Act, and directed the respondent to file legally compliant OC/CC before the next hearing.
Tribunal Order #0901126005792022-29-07-2025
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Sunil Kumar Mishra, ruling that the Kanpur Development Authority had complied with the previous RERA order by adjusting delay interest against outstanding dues, executing the sale deed, and delivering possession of the unit.
Tribunal Order #0901126005792022-12-09-2022
The Tribunal directed the appellant to take physical possession of the allotted flat and instructed the Respondent (Kanpur Development Authority) to submit copies of the OC/CC and correct calculation details. Both parties were further ordered to submit specific financial clarifications regarding outstanding amounts before the next hearing.
Tribunal Order #0901126005792022-18-08-2022
The Tribunal noted the respondent's commitment to hand over possession of the flat within 10 days and directed the applicant to file objections against the demand letter before the next hearing.
Tribunal Order #0901126005792022-20-07-2022
The Tribunal condoned a 22-day delay in filing the appeal based on Supreme Court precedents and directed the Kanpur Development Authority to issue a fresh demand letter within 7 days, with the subsequent execution of the conveyance deed and delivery of possession contingent upon payment.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Sunil Kumar Mishra, ruling that the Kanpur Development Authority had complied with the previous RERA order by adjusting delay interest against outstanding dues, executing the sale deed, and delivering possession of the unit. 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 Sunil Kumar Mishra, ruling that the Kanpur Development Authority had complied with the previous RERA order by adjusting delay interest against outstanding dues, executing the sale deed, and delivering possession of the unit.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 04.01.2019 till handing over the physical possession of the unit in question except for the period from 25.03.2020 to 25.09.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Prakhar Dixit
Respondent Advocate(s)
- Bhupendra Singh
- Somendra Pal Singh
Official RERA Tribunal Orders (6)
The Tribunal directed the Kanpur Development Authority to provide the latest status of the flat in question regarding possession and the rectification of reported defects by the next hearing date.
The Tribunal found that the documents submitted by the Kanpur Development Authority did not constitute a valid Occupancy Certificate (OC) or Completion Certificate (CC) in accordance with the Act, and directed the respondent to file legally compliant OC/CC before the next hearing.
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Sunil Kumar Mishra, ruling that the Kanpur Development Authority had complied with the previous RERA order by adjusting delay interest against outstanding dues, executing the sale deed, and delivering possession of the unit.
The Tribunal directed the appellant to take physical possession of the allotted flat and instructed the Respondent (Kanpur Development Authority) to submit copies of the OC/CC and correct calculation details. Both parties were further ordered to submit specific financial clarifications regarding outstanding amounts before the next hearing.
The Tribunal noted the respondent's commitment to hand over possession of the flat within 10 days and directed the applicant to file objections against the demand letter before the next hearing.
The Tribunal condoned a 22-day delay in filing the appeal based on Supreme Court precedents and directed the Kanpur Development Authority to issue a fresh demand letter within 7 days, with the subsequent execution of the conveyance deed and delivery of possession contingent upon payment.
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