Appellant / Complainant
Lucknow Development Authority
Respondent
Devarshi Deva Rastogi, Kalindi Rastogi
₹11,00,000
Appellant
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 0901126015122021 by Lucknow Development Authority against Devarshi Deva Rastogi, Kalindi Rastogi before up_rera.
Further Hearing
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award delay interest to an allottee who chose to remain in the project, as such matters fall under the exclusive purview of the Regulatory Authority.
Further Hearing
The proceedings for Appeal-195/2021 were adjourned upon the request of both counsels and rescheduled for hearing on 22.10.2024.
Final Hearing
The Tribunal granted the appellant time to reply to the respondent's legal arguments and scheduled the next hearing for September 12, 2024.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 12.07.2024.
Final Hearing
The Tribunal granted a request to adjourn the matter and rescheduled the hearing for 21.05.2024 to align with similar pending matters regarding jurisdiction.
Final Hearing
The Tribunal granted the appellant a three-day extension to file an amended copy of the appeal and scheduled the matter for orders on 10.04.2024.
Final Hearing
The Tribunal noted that the appellant has carried out an amendment and scheduled the appeal for a hearing on 14.03.2024.
Final Hearing
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer. The appellant is directed to file an amended memo of appeal within three days.
Final Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.
Final Hearing
The Tribunal has adjourned the appeal to 05.09.2023 following a joint request from the counsels for both parties.
Final Hearing
The Tribunal granted the appellant one week to amend the grounds of appeal due to a clerical error regarding the authority that passed the impugned order and directed subsequent electronic service of the amended appeal and reply.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a COVID-19 infection and rescheduled the hearing for 26.05.2023.
Final Hearing
The Tribunal adjourned the proceedings and scheduled the appeal for a hearing on 18.04.2023, noting that pleadings have been exchanged and the matter is ripe for hearing.
Final Hearing
The Tribunal granted the respondent one week to examine the legal issues presented by the appellant's counsel and rescheduled the hearing for 16.03.2023.
Hearing
The Tribunal adjourned the appeal to 03.03.2023 and directed the appellant to comply with a previous order by depositing Rs. 4,000 in the Tribunal Account and paying Rs. 4,000 to the respondent.
Hearing
The Tribunal adjourned the matter due to a lack of time and rescheduled the hearing for March 1, 2023.
For Order
The Tribunal heard arguments from the counsel for both the appellant and respondent, after which the judgment was reserved.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal allowed the Lucknow Development Authority's application for condonation of delay, permitting the appeal to be registered as a regular appeal subject to a cost of Rs. 8,000.
Further Order
The Tribunal heard arguments regarding the limitation application and has reserved judgment on the point of limitation and its associated objection.
Compliance of section 43(5)
The Tribunal granted an adjournment requested by the applicant and directed the respondent's counsel to file a 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 directed the appellant to serve the notice and file an affidavit of service.
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 could result in dismissal.
Tribunal Order #0901126015122021-21-10-2022
The U.P. Real Estate Appellate Tribunal allowed the Lucknow Development Authority's application for condonation of delay, permitting the appeal to be registered as a regular appeal subject to a cost of Rs. 8,000.
Tribunal Order #0901126015122021-22-10-2024
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award delay interest to an allottee who chose to remain in the project, as such matters fall under the exclusive purview of the Regulatory Authority.
Tribunal Order #0901126015122021-17-01-2024
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer. The appellant is directed to file an amended memo of appeal within three days.
Tribunal Order #0901126015122021-01-03-2023
The Tribunal adjourned the appeal to 03.03.2023 and directed the appellant to comply with a previous order by depositing Rs. 4,000 in the Tribunal Account and paying Rs. 4,000 to the respondent.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award delay interest to an allottee who chose to remain in the project, as such matters fall under the exclusive purview of the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: SBI Home loan rate MCLR+ 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award delay interest to an allottee who chose to remain in the project, as such matters fall under the exclusive purview of the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
SBI Home loan rate MCLR+ 1%
Interest Period
from 31.08.2015 to 18.08.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Hridesh Srivastava
Official RERA Tribunal Orders (4)
The U.P. Real Estate Appellate Tribunal allowed the Lucknow Development Authority's application for condonation of delay, permitting the appeal to be registered as a regular appeal subject to a cost of Rs. 8,000.
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award delay interest to an allottee who chose to remain in the project, as such matters fall under the exclusive purview of the Regulatory Authority.
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer. The appellant is directed to file an amended memo of appeal within three days.
The Tribunal adjourned the appeal to 03.03.2023 and directed the appellant to comply with a previous order by depositing Rs. 4,000 in the Tribunal Account and paying Rs. 4,000 to the respondent.
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