Appellant / Complainant
Lucknow Development Authority
Respondent
Neerja Gupta, Rajesh Gupta
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 0901126015072021 by Lucknow Development Authority against Neerja Gupta, Rajesh Gupta before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority, upholding the Regulatory Authority's order to pay delay interest to the respondent and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
Further Hearing
The Tribunal heard arguments regarding the scope of the appeal concerning interest rates for delayed possession and subsequently reserved its judgment.
Further Hearing
The Tribunal granted the appellant's counsel one week to seek instructions following a previous order and scheduled the next hearing for December 16, 2022.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and rescheduled the matter for 25.11.2022.
Further Hearing
The Tribunal granted the appellant's counsel an additional week to address the issues framed by the court and rescheduled the appeal for hearing on 20.10.2022.
Further Hearing
The Tribunal granted a request by the appellant's counsel to reschedule the hearing of Appeal-193/2021 to 10.10.2022.
Hearing
The Tribunal framed a specific legal question regarding whether arbitration proceedings between April 2013 and October 2016 qualify as force majeure, and granted the appellant's counsel 24 hours to prepare submissions.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-193/2021 to 29.09.2022.
Hearing
The order indicates that the case list has been revised for the hearing scheduled on 30.08.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on personal grounds and scheduled the appeal for a hearing on 30.08.2022.
Hearing
The Tribunal granted the appellant one week's time to file a supplementary affidavit and documents regarding outstanding amounts against the respondents, rescheduling the hearing to 03.08.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant and directed both parties to exchange and file written arguments via email at least seven days before the next hearing on 22.07.2022.
Delay condonation
The Tribunal allowed the application for condonation of delay, citing the Supreme Court's Suo Motu Writ Petition (Civil) No. 3 of 2020 regarding COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for consideration of the condonation of delay application on 26.04.2022.
Delay condonation
The Tribunal granted the respondents 10 days to file objections regarding the application for condonation of delay and directed parties to upload pleadings to the e-portal before the next hearing on 08.04.2022.
Delay condonation
The Tribunal granted an application for adjournment requested by the applicant and rescheduled the case for hearing on 02.02.2022.
Delay condonation
The Tribunal directed the respondents to file objections against the appellant's limitation application and serve a copy via email, scheduling the matter for January 7, 2022.
Delay condonation
The Tribunal noted the service of notice on the respondent and granted the appellant 15 days to file an affidavit of service, adjourning the matter to 03.12.2021.
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 documents via speed post and email.
Compliance of section 43(5)
The Tribunal granted the appellant a one-week extension to rectify defects and comply with Section 43(5) of the Act due to an expired Demand Draft.
Defect Removal
The Tribunal granted the applicant a one-week extension to comply with Section 43(5) of the Act, noting that failure to achieve complete compliance by the next listing may result in dismissal.
Tribunal Order #0901126015072021-23-12-2022
The Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority, upholding the Regulatory Authority's order to pay delay interest to the respondent and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
Tribunal Order #0901126015072021-26-04-2022
The Tribunal allowed the application for condonation of delay, citing the Supreme Court's Suo Motu Writ Petition (Civil) No. 3 of 2020 regarding COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority, upholding the Regulatory Authority's order to pay delay interest to the respondent and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority, upholding the Regulatory Authority's order to pay delay interest to the respondent and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
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)
- Vikram Gupta
Official RERA Tribunal Orders (2)
The Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority, upholding the Regulatory Authority's order to pay delay interest to the respondent and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement during execution proceedings.
The Tribunal allowed the application for condonation of delay, citing the Supreme Court's Suo Motu Writ Petition (Civil) No. 3 of 2020 regarding COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
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