Appellant / Complainant
Lucknow Development Authority
Respondent
Sudhakar Srivastava
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 0901126010922022 by Lucknow Development Authority against Sudhakar Srivastava before up_rera.
Re-Hearing
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 28.11.2013 to 06.03.2020 (excluding a specific period) at the rate of MCLR+1%.
For Order
The Tribunal has granted a request from the respondent's counsel to list the case for orders on 05.02.2025.
Hearing
The Tribunal condoned a 209-day delay in filing the appeal, citing the Supreme Court's extension of limitation due to COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
Hearing
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on 21.04.2023.
Delay condonation
The Tribunal granted the appellant one week's extension to file a reply to the respondent's objection and scheduled the next hearing for February 3, 2023.
Delay condonation
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the matter to 02.01.2023 for the disposal of a delay condonation application.
Delay condonation
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's extension of limitation order, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted a one-week extension to the appellant's counsel to file a reply to the respondent's objections and scheduled the next hearing for November 2, 2022.
Delay condonation
The Tribunal granted the respondent 10 days to file objections against the application for condonation of delay and the grounds of appeal, scheduling the next hearing for September 26, 2022.
Delay condonation
The Tribunal granted a short extension for the appellant to file an affidavit of service and adjourned the appeal to 02.09.2022.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of a 209-day delay and directed the applicant to serve the notice and file an affidavit of service.
Tribunal Order #0901126010922022-05-02-2025
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 28.11.2013 to 06.03.2020 (excluding a specific period) at the rate of MCLR+1%.
Tribunal Order #0901126010922022-02-11-2022
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's extension of limitation order, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126010922022-07-07-2022
The Tribunal issued notice to the respondent regarding an application for condonation of a 209-day delay and directed the applicant to serve the notice and file an affidavit of service.
Tribunal Order #0901126010922022-06-08-2024
The Tribunal condoned a 209-day delay in filing the appeal, citing the Supreme Court's extension of limitation due to COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126010922022-21-04-2023
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 28.11.2013 to 06.03.2020 (excluding a specific period) at the rate of MCLR+1%. The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 28.11.2013 to 06.03.2020 (excluding a specific period) at the rate of MCLR+1%. The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
from 28.11.2013 to 06.03.2020 (except the period from 27.04.2013 to 26.10.2016)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Atul Tripathi
Official RERA Tribunal Orders (5)
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is liable to pay delay interest to the allottee from 28.11.2013 to 06.03.2020 (excluding a specific period) at the rate of MCLR+1%.
The Tribunal condoned the delay in filing the appeal, citing the Supreme Court's extension of limitation order, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal issued notice to the respondent regarding an application for condonation of a 209-day delay and directed the applicant to serve the notice and file an affidavit of service.
The Tribunal condoned a 209-day delay in filing the appeal, citing the Supreme Court's extension of limitation due to COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
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