Appellant / Complainant
Brijesh Chandra
Respondent
Lucknow Development Authority
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 0901126018432020 by Brijesh Chandra against Lucknow Development Authority before up_rera.
Delay condonation
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable because the project was not required to be registered under RERA based on the percentage of sale deeds executed prior to the Act's enforcement. However, the appellant was granted liberty to approach RERA on an administrative side to seek registration if the project is still ongoing.
Delay condonation
The Tribunal adjourned the case to 22.08.2022 due to the illness of the appellant's counsel and scheduled it for consideration of a condonation of delay application.
Delay condonation
The respondent's counsel requested and was granted a three-day extension to ensure compliance with the previous order dated 11.07.2022, with the matter rescheduled for 27.07.2022.
Delay condonation
The Tribunal granted the respondent two days to file correct documents regarding Sector-6, Gomti Nagar Extension, and directed the applicant to provide evidence concerning the lack of advertised amenities. The matter is scheduled for further hearing on 15.07.2022.
Delay condonation
The Tribunal noted that the project is unregistered with RERA and directed the appellant's counsel to explain the maintainability of the case in light of the Supreme Court judgment in M/s Newtech Promoters & Developers Pvt. Ltd. Vs. State of U.P.
Delay condonation
The Tribunal granted a final one-week extension to the respondent to place on record the status of the project's Occupancy Certificate (OC) or Completion Certificate (CC), directing them to email the documents to the applicant within 7 days.
Delay condonation
The Tribunal granted the respondent three days to file the status of the project's Occupancy Certificate (OC) or Completion Certificate (CC) and directed them to email copies to the applicant and counsel. The matter is scheduled for hearing on May 31, 2022, regarding the application for condonation of delay.
Delay condonation
The Tribunal granted a one-week extension to the Lucknow Development Authority to file the status of the Occupancy Certificate (OC) and Completion Certificate (CC) for the project in question.
Delay condonation
The Tribunal directed the respondent to file a status report regarding OC/CC before the next hearing and ordered both parties to appear at the next listing.
Delay condonation
The Tribunal granted a one-week extension to the respondent's counsel to seek instructions regarding the receipt of the Occupancy Certificate (O.C.) for the project and rescheduled the hearing to 07.04.2022.
Delay condonation
The Tribunal granted the appellant's counsel time to seek instructions regarding a maintainability objection raised by the respondent and adjourned the matter to 21.03.2022.
Delay condonation
The Tribunal granted the respondent one week to file a Vakalatnama and objections against the limitation application, directing that copies be emailed to the applicant before the next hearing on 24.01.2022.
Further Order
The Tribunal directed the respondent's counsel to file a Vakalatnama within three days and granted permission to file an objection against the limitation application, scheduling the matter for January 5, 2022.
Delay condonation
The Tribunal adjourned the matter to 29.11.2021 for further orders due to the absence of the respondent.
Tribunal Order #0901126018432020-25-05-2022
The Tribunal granted the respondent three days to file the status of the project's Occupancy Certificate (OC) or Completion Certificate (CC) and directed them to email copies to the applicant and counsel. The matter is scheduled for hearing on May 31, 2022, regarding the application for condonation of delay.
Tribunal Order #0901126018432020-22-08-2022
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable because the project was not required to be registered under RERA based on the percentage of sale deeds executed prior to the Act's enforcement. However, the appellant was granted liberty to approach RERA on an administrative side to seek registration if the project is still ongoing.
Tribunal Order #0901126018432020-11-07-2022
The Tribunal granted the respondent two days to file correct documents regarding Sector-6, Gomti Nagar Extension, and directed the applicant to provide evidence concerning the lack of advertised amenities. The matter is scheduled for further hearing on 15.07.2022.
Tribunal Order #0901126018432020-08-07-2022
The Tribunal noted that the project is unregistered with RERA and directed the appellant's counsel to explain the maintainability of the case in light of the Supreme Court judgment in M/s Newtech Promoters & Developers Pvt. Ltd. Vs. State of U.P.
Tribunal Order #0901126018432020-31-05-2022
The Tribunal granted a final one-week extension to the respondent to place on record the status of the project's Occupancy Certificate (OC) or Completion Certificate (CC), directing them to email the documents to the applicant within 7 days.
Tribunal Order #0901126018432020-12-05-2022
The Tribunal granted a one-week extension to the Lucknow Development Authority to file the status of the Occupancy Certificate (OC) and Completion Certificate (CC) for the project in question.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable because the project was not required to be registered under RERA based on the percentage of sale deeds executed prior to the Act's enforcement. However, the appellant was granted liberty to approach RERA on an administrative side to seek registration if the project is still ongoing. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable because the project was not required to be registered under RERA based on the percentage of sale deeds executed prior to the Act's enforcement. However, the appellant was granted liberty to approach RERA on an administrative side to seek registration if the project is still ongoing.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Kushagra Dikshit
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (6)
The Tribunal granted the respondent three days to file the status of the project's Occupancy Certificate (OC) or Completion Certificate (CC) and directed them to email copies to the applicant and counsel. The matter is scheduled for hearing on May 31, 2022, regarding the application for condonation of delay.
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable because the project was not required to be registered under RERA based on the percentage of sale deeds executed prior to the Act's enforcement. However, the appellant was granted liberty to approach RERA on an administrative side to seek registration if the project is still ongoing.
The Tribunal granted the respondent two days to file correct documents regarding Sector-6, Gomti Nagar Extension, and directed the applicant to provide evidence concerning the lack of advertised amenities. The matter is scheduled for further hearing on 15.07.2022.
The Tribunal noted that the project is unregistered with RERA and directed the appellant's counsel to explain the maintainability of the case in light of the Supreme Court judgment in M/s Newtech Promoters & Developers Pvt. Ltd. Vs. State of U.P.
The Tribunal granted a final one-week extension to the respondent to place on record the status of the project's Occupancy Certificate (OC) or Completion Certificate (CC), directing them to email the documents to the applicant within 7 days.
The Tribunal granted a one-week extension to the Lucknow Development Authority to file the status of the Occupancy Certificate (OC) and Completion Certificate (CC) for the project in question.
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