Appellant / Complainant
Abha Khanna
Respondent
KVG Realtech Pvt. Ltd.
kvg realtech pvt. ltd.
Partial
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 0901126010312020 by Abha Khanna against KVG Realtech Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, modifying the previous order to direct the respondent to pay delay interest at MCLR+1% of SBI from 30.07.2018 until actual possession is delivered with the necessary OC/CC.
Hearing
The Tribunal has heard the arguments presented by both parties and has reserved its judgment.
Hearing
The Tribunal adjourned the matter to 04.07.2024 as no one appeared for the respondent and the appellant's counsel requested leave to attend a High Court proceeding.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on personal grounds and rescheduled the appeal for hearing/orders on 06.05.2024.
Hearing
The Tribunal granted the respondent a one-week extension to upload the original sanctioned map approved by the Lucknow Development Authority and rescheduled the hearing for 18.04.2024.
Hearing
The Tribunal granted the respondent a one-week extension to comply with the previous order dated 27.02.2024 and scheduled the next hearing for 21.03.2024.
Hearing
The Tribunal granted the respondent a two-day extension to ensure compliance with the previous order dated 27.02.2024 and rescheduled the hearing for 04.03.2024.
Hearing
The matter is adjourned to 28.02.2024 for further hearing after the respondent's counsel requested time to place the original sanctioned map on record.
Hearing
The Tribunal directed the respondent to file the building plan approval/sanction for the project and adjourned the matter to 27.02.2024 upon a joint request from counsel.
Hearing
Upon the joint request of the counsel for both parties, the appeal has been rescheduled for a hearing on 16.02.2024.
Hearing
The Tribunal granted an adjournment request from the respondent's counsel due to a scheduling conflict and rescheduled the hearing for 31.10.2023.
Hearing
The Tribunal granted a request from the respondent's counsel to reschedule the hearing of Appeal-243/2020 to 19.09.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the hearing for July 27, 2023.
Hearing
The Tribunal granted a request from the appellant's counsel to list the appeal for hearing on 20.07.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 06.07.2023.
Hearing
The Tribunal granted a request from the appellant's counsel for an adjournment and rescheduled the hearing of Appeal-243/2020 to 06.04.2023.
Hearing
Upon a joint request from the counsels for both parties, the hearing for Appeal-243/2020 has been rescheduled to 28.03.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 24.03.2023.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 13.12.2022 due to the respondent's counsel being on leave.
For Order
The Tribunal has noted that no time is left and has ordered the appeal to be listed for a hearing on 17.11.2022.
For Order
The Tribunal granted the respondent one week to prepare their brief regarding the legality of floor-wise completion certificates for commercial complexes and adjourned the matter to 12.10.2022.
Final Hearing
The Tribunal is examining whether a Completion Certificate can be issued on a floor-wise basis under Lucknow Development Authority by-laws following disputes regarding the validity of an offer of possession made without full OC/CC.
Final Hearing
The tribunal has adjourned the hearing of Appeal-243/2020 to 22.09.2022 following a joint request from the counsels for both parties.
Final Hearing
The Tribunal granted an adjournment request from the appellant's counsel and scheduled the next hearing for September 12, 2022.
Final Hearing
The proceedings were adjourned due to the illness of the respondent's counsel.
Final Hearing
The court granted an adjournment requested by the counsel for the appellant on personal grounds and noted that the matter is ripe for hearing.
Final Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on August 3, 2022.
Final Hearing
The Tribunal directed the respondent to upload and email a copy of the partial Completion Certificate to the appellant and her counsel, with the matter listed for hearing on 14.07.2022.
Final Hearing
The Tribunal directed the respondent to file a copy of the Occupancy/Completion Certificate before the next hearing, noting that failure to do so will result in an adverse inference being drawn against them.
Final Hearing
The respondent's counsel moved for an adjournment during the hearing on January 10, 2022.
Final Hearing
The Tribunal granted the respondent one week to produce documents regarding the offer of possession and directed them to explain why actual possession was not offered after obtaining the OC/CC. The matter is scheduled for hearing on 10.01.2022.
Final Hearing
The Tribunal granted the respondent a one-week extension to file a list of dates and events, directing them to serve a copy to the appellant via email, and scheduled the next hearing for 15.12.2021.
Hearing
The Tribunal has adjourned the appeal to 01.12.2021 for a final hearing following a joint request from the counsels of both parties.
Hearing
The Tribunal noted the filing of pleadings by both parties and directed the respondent to file a list of dates, events, and relied cases before the next hearing on 12.11.2021.
Hearing on Appeal
The Tribunal granted an adjournment requested by the appellant's counsel on personal grounds and rescheduled the hearing for March 24, 2021.
Tribunal Order #0901126010312020-04-09-2024
The Tribunal partially allowed the appeal, modifying the previous order to direct the respondent to pay delay interest at MCLR+1% of SBI from 30.07.2018 until actual possession is delivered with the necessary OC/CC.
Tribunal Order #0901126010312020-22-09-2022
The Tribunal is examining whether a Completion Certificate can be issued on a floor-wise basis under Lucknow Development Authority by-laws following disputes regarding the validity of an offer of possession made without full OC/CC.
Tribunal Order #0901126010312020-29-03-2022
The Tribunal directed the respondent to file a copy of the Occupancy/Completion Certificate before the next hearing, noting that failure to do so will result in an adverse inference being drawn against them.
Tribunal Order #0901126010312020-05-05-2022
The Tribunal directed the respondent to upload and email a copy of the partial Completion Certificate to the appellant and her counsel, with the matter listed for hearing on 14.07.2022.
Tribunal Order #0901126010312020-15-12-2021
The Tribunal granted the respondent one week to produce documents regarding the offer of possession and directed them to explain why actual possession was not offered after obtaining the OC/CC. The matter is scheduled for hearing on 10.01.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, modifying the previous order to direct the respondent to pay delay interest at MCLR+1% of SBI from 30.07.2018 until actual possession is delivered with the necessary OC/CC. Awarded in favor of Partial. Awarded interest rate: MCLR + 1% of SBI.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, modifying the previous order to direct the respondent to pay delay interest at MCLR+1% of SBI from 30.07.2018 until actual possession is delivered with the necessary OC/CC.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1% of SBI
Interest Period
from 30.07.2018 till the date of delivery of actual possession along with OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- Aahuti Agarwal
Respondent Advocate(s)
- Saurabh Misra
- KK Singh
Official RERA Tribunal Orders (5)
The Tribunal partially allowed the appeal, modifying the previous order to direct the respondent to pay delay interest at MCLR+1% of SBI from 30.07.2018 until actual possession is delivered with the necessary OC/CC.
The Tribunal is examining whether a Completion Certificate can be issued on a floor-wise basis under Lucknow Development Authority by-laws following disputes regarding the validity of an offer of possession made without full OC/CC.
The Tribunal directed the respondent to file a copy of the Occupancy/Completion Certificate before the next hearing, noting that failure to do so will result in an adverse inference being drawn against them.
The Tribunal directed the respondent to upload and email a copy of the partial Completion Certificate to the appellant and her counsel, with the matter listed for hearing on 14.07.2022.
The Tribunal granted the respondent one week to produce documents regarding the offer of possession and directed them to explain why actual possession was not offered after obtaining the OC/CC. The matter is scheduled for hearing on 10.01.2022.
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