Appellant / Complainant
Lucknow Development Authority
Respondent
Anoop Kumar Srivastava, Sarita Srivastava, U.P. Real Estate Regulatory Authority Lucknow
₹26,30,000
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 0901126014902021 by Lucknow Development Authority against Anoop Kumar Srivastava, Sarita Srivastava, U.P. Real Estate Regulatory Authority Lucknow before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal, upholding the Regulatory Authority's order for delayed possession interest and directing the transfer of the promoter's pre-deposited funds to the U.P. RERA for disbursement to the allottee.
Final Hearing
The Tribunal heard arguments from both parties regarding Appeal-174/2021 and subsequently reserved the judgment for further delivery.
Final Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-174/2021 to 22.12.2022.
Final Hearing
The court granted an adjournment at the request of the appellant's counsel to allow more time for brief preparation, rescheduling the matter for 08.12.2022.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on December 7, 2022.
Final Hearing
The Tribunal noted that pleadings have been exchanged and, upon the joint request of counsel for both parties, adjourned the matter to 11.11.2022.
Final Hearing
The Tribunal noted that pleadings have been exchanged and, upon the appellant's counsel's request, adjourned the matter to be listed for hearing on 11.10.2022.
Final Hearing
The Tribunal closed the appellant's opportunity to file a supplementary affidavit due to non-compliance with previous orders and adjourned the matter for hearing on 08.09.2022.
Final Hearing
The Tribunal granted the appellant a final one-week extension to file a supplementary affidavit as per the previous order, warning that failure to comply will result in the forfeiture of their right to file.
Hearing
The Tribunal granted the appellant one week's time to file a supplementary affidavit and scheduled the appeal for hearing on August 10, 2022.
Hearing
The Tribunal directed the parties to file concise written arguments along with relied-upon judgments within 20 days and scheduled the matter for hearing on 27.07.2022.
Hearing
The Tribunal directed both parties to file concise written submissions along with relied-upon judgments within 20 days and scheduled the appeal for hearing on 19.05.2022.
Further Order
The Tribunal granted an adjournment requested by the respondent's counsel due to their unavailability and scheduled the matter for further orders on 13.04.2022.
to file objections and its reply
The Tribunal condoned a 314-day delay in filing the appeal, citing COVID-19 pandemic relaxations as per Supreme Court guidelines, and directed the Registry to register the defective appeal as a regular appeal.
Delay condonation
The Tribunal noted that the appellant received an objection to their limitation application and scheduled the matter for 05.01.2022 to dispose of said application.
Compliance of section 43(5)
The Tribunal issued directions for the service of notice to the respondents regarding an application for condonation of delay and set a timeline for the exchange of pleadings via email and e-portal.
Compliance of section 43(5)
The Tribunal granted the appellant a 10-day extension to deposit a new Demand Draft or make an online payment to comply with Section 43(5) of the Act, warning that failure to do so by the next hearing will result in dismissal.
Compliance of section 43(5)
The Tribunal granted a request for adjournment submitted by the appellant's counsel due to his LLM examination and rescheduled the hearing for 02.04.2021.
Defect Removal
The Tribunal granted the appellant a one-week extension to rectify registry defects and ensure compliance with Section 43(5) of the Act, 2016, failing which the appeal will be dismissed.
Tribunal Order #0901126014902021-10-01-2023
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal, upholding the Regulatory Authority's order for delayed possession interest and directing the transfer of the promoter's pre-deposited funds to the U.P. RERA for disbursement to the allottee.
Tribunal Order #0901126014902021-10-08-2022
The Tribunal granted the appellant a final one-week extension to file a supplementary affidavit as per the previous order, warning that failure to comply will result in the forfeiture of their right to file.
Tribunal Order #0901126014902021-18-08-2022
The Tribunal closed the appellant's opportunity to file a supplementary affidavit due to non-compliance with previous orders and adjourned the matter for hearing on 08.09.2022.
Tribunal Order #0901126014902021-05-01-2022
The Tribunal condoned a 314-day delay in filing the appeal, citing COVID-19 pandemic relaxations as per Supreme Court guidelines, and directed the Registry to register the defective appeal as a regular appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal, upholding the Regulatory Authority's order for delayed possession interest and directing the transfer of the promoter's pre-deposited funds to the U.P. RERA for disbursement to the allottee. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal, upholding the Regulatory Authority's order for delayed possession interest and directing the transfer of the promoter's pre-deposited funds to the U.P. RERA for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.11.2016 till offering of physical possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
Respondent Advocate(s)
- Laxmi Narayan Mishra
Official RERA Tribunal Orders (4)
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal, upholding the Regulatory Authority's order for delayed possession interest and directing the transfer of the promoter's pre-deposited funds to the U.P. RERA for disbursement to the allottee.
The Tribunal granted the appellant a final one-week extension to file a supplementary affidavit as per the previous order, warning that failure to comply will result in the forfeiture of their right to file.
The Tribunal closed the appellant's opportunity to file a supplementary affidavit due to non-compliance with previous orders and adjourned the matter for hearing on 08.09.2022.
The Tribunal condoned a 314-day delay in filing the appeal, citing COVID-19 pandemic relaxations as per Supreme Court guidelines, and directed the Registry to register the defective appeal as a regular appeal.
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