Appellant / Complainant
Lucknow Development Authority
Respondent
Ranjana Srivastava, Prabhat Kumar
₹1,22,57,733
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 0901126015302020 by Lucknow Development Authority against Ranjana Srivastava, Prabhat Kumar before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the orders of the Adjudicating Officer, ruling that the officer lacked jurisdiction to grant interest as compensation for delayed possession and had exceeded authority by awarding rent. The Tribunal clarified the distinction between the powers of the Regulatory Authority and the Adjudicating Officer under the RERA Act 2016.
Hearing
The Tribunal recorded the appellant's deposit of Rs. 13,000/- via RTGS and a bank draft of Rs. 5,000/- to the respondent, directed the Registry to verify the deposit, and reserved judgment following oral arguments.
Hearing
The proceedings were adjourned at the request of the appellant's counsel, with the matter rescheduled for orders/hearing on 15.03.2024.
Hearing
The Tribunal imposed an additional cost of Rs. 5,000 on the Lucknow Development Authority (LDA) for failing to comply with previous cost-deposit conditions and warned that failure to deposit all costs within one week will result in the recall of the order condoning the delay in filing the appeal.
Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 26.10.2023.
For Order
The Tribunal directed the Lucknow Development Authority to explain why previously imposed costs have not been paid and ordered compliance regarding the payment of costs before the next hearing on 26.07.2023.
Hearing
The Tribunal granted the appellant one week to file a Vakalatnama and deposit costs, while simultaneously directing the Registrar to seek an explanation from staff regarding the failure to upload a previous order on the e-portal.
Re-Hearing
The Tribunal adjourned the appeal in the interest of justice and scheduled it for re-hearing on 24.01.2023.
Further Order
The Tribunal adjourned the appeal due to the absence of the respondent and scheduled the matter for further orders on 15.12.2022.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 16,000 to be split between the Tribunal Fund and the respondent, and directed the appeal to be registered as a Regular Appeal.
Further Order
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the case for hearing on 06.01.2022.
Delay condonation
The Tribunal directed the respondents to appear on the next hearing date and scheduled the case for 10.12.2021 to dispose of the limitation application and any objections.
Delay condonation
The Tribunal allowed an application for adjournment requested by the respondent and rescheduled the case to 17.11.2021 for the disposal of a limitation application.
Delay condonation
The Tribunal granted the respondents 10 days to file an objection to a better affidavit regarding the application for condonation of delay and directed parties to upload their pleadings on the e-portal.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the case for hearing on the application for condonation of delay on 22.09.2021.
Delay condonation
The Tribunal granted an adjournment request made by the counsel for the appellant due to illness and rescheduled the case for April 2, 2021.
For Order
The Tribunal granted the applicant one week to file a better affidavit for condonation of delay and directed parties to upload replies on the e-Portal before the next hearing on 19.02.2021.
Tribunal Order #0901126015302020-07-05-2024
The Tribunal set aside the orders of the Adjudicating Officer, ruling that the officer lacked jurisdiction to grant interest as compensation for delayed possession and had exceeded authority by awarding rent. The Tribunal clarified the distinction between the powers of the Regulatory Authority and the Adjudicating Officer under the RERA Act 2016.
Tribunal Order #0901126015302020-21-03-2024
The Tribunal recorded the appellant's deposit of Rs. 13,000/- via RTGS and a bank draft of Rs. 5,000/- to the respondent, directed the Registry to verify the deposit, and reserved judgment following oral arguments.
Tribunal Order #0901126015302020-24-02-2023
The Tribunal granted the appellant one week to file a Vakalatnama and deposit costs, while simultaneously directing the Registrar to seek an explanation from staff regarding the failure to upload a previous order on the e-portal.
Tribunal Order #0901126015302020-11-11-2022
The U.P. Real Estate Appellate Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 16,000 to be split between the Tribunal Fund and the respondent, and directed the appeal to be registered as a Regular Appeal.
Tribunal Order #0901126015302020-24-01-2024
The Tribunal imposed an additional cost of Rs. 5,000 on the Lucknow Development Authority (LDA) for failing to comply with previous cost-deposit conditions and warned that failure to deposit all costs within one week will result in the recall of the order condoning the delay in filing the appeal.
Tribunal Order #0901126015302020-19-05-2023
The Tribunal directed the Lucknow Development Authority to explain why previously imposed costs have not been paid and ordered compliance regarding the payment of costs before the next hearing on 26.07.2023.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the orders of the Adjudicating Officer, ruling that the officer lacked jurisdiction to grant interest as compensation for delayed possession and had exceeded authority by awarding rent. The Tribunal clarified the distinction between the powers of the Regulatory Authority and the Adjudicating Officer under the RERA Act 2016. Awarded in favor of Appellant. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the orders of the Adjudicating Officer, ruling that the officer lacked jurisdiction to grant interest as compensation for delayed possession and had exceeded authority by awarding rent. The Tribunal clarified the distinction between the powers of the Regulatory Authority and the Adjudicating Officer under the RERA Act 2016.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 01.07.2022 till the date of issuance of offer of possession along with OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Sandeep Srivastava
- Prabhat Kumar
Official RERA Tribunal Orders (6)
The Tribunal set aside the orders of the Adjudicating Officer, ruling that the officer lacked jurisdiction to grant interest as compensation for delayed possession and had exceeded authority by awarding rent. The Tribunal clarified the distinction between the powers of the Regulatory Authority and the Adjudicating Officer under the RERA Act 2016.
The Tribunal recorded the appellant's deposit of Rs. 13,000/- via RTGS and a bank draft of Rs. 5,000/- to the respondent, directed the Registry to verify the deposit, and reserved judgment following oral arguments.
The Tribunal granted the appellant one week to file a Vakalatnama and deposit costs, while simultaneously directing the Registrar to seek an explanation from staff regarding the failure to upload a previous order on the e-portal.
The U.P. Real Estate Appellate Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 16,000 to be split between the Tribunal Fund and the respondent, and directed the appeal to be registered as a Regular Appeal.
The Tribunal imposed an additional cost of Rs. 5,000 on the Lucknow Development Authority (LDA) for failing to comply with previous cost-deposit conditions and warned that failure to deposit all costs within one week will result in the recall of the order condoning the delay in filing the appeal.
The Tribunal directed the Lucknow Development Authority to explain why previously imposed costs have not been paid and ordered compliance regarding the payment of costs before the next hearing on 26.07.2023.
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