Appellant / Complainant
Lucknow Development Authority
Respondent
Sanjay Kumar, Suman Saxena, U.P. Real Estate Regulatory Authority Lucknow
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 0901126015032021 by Lucknow Development Authority against Sanjay Kumar, Suman Saxena, U.P. Real Estate Regulatory Authority Lucknow before up_rera.
for delivery of Judgment/Order
The Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal.
Further Order
The Tribunal heard arguments from both counsels and scheduled the appeal for the delivery of judgment on December 30, 2022.
Further Order
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the appeal for hearing on 22.12.2022.
Further Order
Upon the request of the appellant's counsel, the tribunal adjourned the matter and scheduled the appeal for further orders on 20.12.2022.
Further Order
The Tribunal adjourned the appeal to 16.12.2022 because the counsel for the appellant was on sanctioned leave.
for delivery of Judgment/Order
The Tribunal allowed the appellant's application for condonation of delay, permitting the appeal to proceed on its merits subject to a cost of Rs. 10,000/- to be shared between the Tribunal Fund and the respondent.
Further Order
The Tribunal heard arguments regarding the limitation application and reserved judgment on the point of limitation and its objection.
Compliance of section 43(5)
The Tribunal granted an adjournment requested by the applicant and directed the respondent's counsel to file their Vakalat Nama and objections within ten days.
Compliance of section 43(5)
The Tribunal issued notice to the respondents regarding the application for condonation of delay and provided specific procedural directions for service of notice and filing of pleadings.
Defect Removal
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act, warning that failure to do so by the next hearing may result in dismissal.
Tribunal Order #0901126015032021-30-12-2022
The Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal.
Tribunal Order #0901126015032021-25-11-2022
The Tribunal allowed the appellant's application for condonation of delay, permitting the appeal to proceed on its merits subject to a cost of Rs. 10,000/- to be shared between the Tribunal Fund and the respondent.
Tribunal Disposal & Final Award Ruling
The Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal.
Ruling Awarded To
Respondent
Interest Period
from 27.04.2013 to 26.10.2016
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
Respondent Advocate(s)
- Hridesh Srivastava
Official RERA Tribunal Orders (2)
The Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, funds deposited under Section 43(5) of the Act are to be transferred to the Regulatory Authority for disposal.
The Tribunal allowed the appellant's application for condonation of delay, permitting the appeal to proceed on its merits subject to a cost of Rs. 10,000/- to be shared between the Tribunal Fund and the respondent.
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