Appellant / Complainant
Lucknow Development Authority
Respondent
Hemant Giri
Partial
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 0901126019542021 by Lucknow Development Authority against Hemant Giri before up_rera.
For Order
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but directed the appellant to pay delay interest at MCLR+1% per annum for the period from 20.08.2013 to 27.11.2019.
Hearing
The Tribunal heard arguments regarding an appeal by the Lucknow Development Authority against an order awarding delay interest compensation, and subsequently reserved judgment.
Hearing
The Tribunal recorded the payment of costs by the applicant and directed the office to verify the payment of Rs. 6,000 towards UP REAT, with the matter listed for hearing on 23.09.2024.
Hearing
The Tribunal noted the payment of costs totaling Rs. 12,000/- to be split between the Tribunal and the respondent, granting the appellant five days to file proof of payment.
Hearing
The Tribunal noted the deposit of costs by the appellant and, upon joint request from counsel, adjourned the hearing of the defective appeal to 03.09.2024.
Hearing
The Tribunal noted the appellant's failure to comply with a previous order dated 02.11.2022 regarding the payment of costs (Rs. 12,000/-) and granted the appellant 10 days to clarify the non-payment.
Hearing
The Tribunal granted a joint request from both parties to list the appeal for orders or hearing on 07.08.2024.
Hearing
The Tribunal granted a request to list the defective appeal on 16.05.2024 to align with similar matters scheduled for that date.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for orders or hearing on 10.05.2024.
Hearing
The Tribunal dismissed the respondent's application for recall of the order dated 23.01.2023 as withdrawn and scheduled the defective appeal for hearing on 24.04.2024.
Hearing
The Tribunal noted procedural deficiencies in the respondent's application for recall of the order dated 23.01.2024 and adjourned the matter to 19.03.2024 upon the counsel's request.
Hearing
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to do so despite multiple extensions, directing that the hearing proceed based on existing records.
Hearing
The Tribunal directed the respondent to file objections within 10 days and noted that the previous condonation of delay remains technically incomplete as the required costs have not yet been fully paid/received.
For Order
The Tribunal noted the appellant's failure to comply with the cost payment condition for condoning delay and directed the respondent to file objections within 10 days, followed by a reply from the appellant.
For Order
Upon a joint request from the counsels for both parties, the tribunal has adjourned the defective appeal to 13.12.2022.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay filed by Lucknow Development Authority, subject to a cost of Rs. 12,000, and directed the defective appeal to be registered as a Regular Appeal.
Hearing
The Tribunal heard arguments regarding the point of limitation and reserved its judgment on that specific issue.
Delay condonation
The Tribunal granted the respondent a one-week extension to file objections to the application for condonation of delay and the grounds of appeal, with subsequent timelines set for the applicant's reply.
Delay condonation
The Tribunal directed the respondent to file objections against the appellant's limitation application and scheduled the matter for 17.01.2022 to dispose of said application.
Compliance of section 43(5)
The Tribunal directed the respondent to file a Vakalatnama within two days and submit objections against the application for condonation of delay by the next hearing on 15.12.2021.
Compliance of section 43(5)
The Tribunal noted the appellant's compliance with Section 43(5) regarding the deposit of required funds and ordered notice to be issued to the respondent via registered post and e-mail.
Compliance of section 43(5)
The Tribunal adjourned the case to 25.10.2021 and directed the appellant to rectify registry defects, specifically mandating compliance with Section 43(5) of the Act or face dismissal for non-compliance.
Defect Removal
The Tribunal granted the appellant a one-week extension to rectify registry defects, specifically regarding compliance with Section 43(5) of the Act, and rescheduled the matter for April 2, 2021.
Tribunal Order #0901126019542021-03-01-2025
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but directed the appellant to pay delay interest at MCLR+1% per annum for the period from 20.08.2013 to 27.11.2019.
Tribunal Order #0901126019542021-03-09-2024
The Tribunal noted the payment of costs totaling Rs. 12,000/- to be split between the Tribunal and the respondent, granting the appellant five days to file proof of payment.
Tribunal Order #0901126019542021-23-01-2024
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to do so despite multiple extensions, directing that the hearing proceed based on existing records.
Tribunal Order #0901126019542021-31-03-2023
The Tribunal directed the respondent to file objections within 10 days and noted that the previous condonation of delay remains technically incomplete as the required costs have not yet been fully paid/received.
Tribunal Order #0901126019542021-20-02-2023
The Tribunal noted the appellant's failure to comply with the cost payment condition for condoning delay and directed the respondent to file objections within 10 days, followed by a reply from the appellant.
Tribunal Order #0901126019542021-02-11-2022
The Tribunal allowed the application for condonation of delay filed by Lucknow Development Authority, subject to a cost of Rs. 12,000, and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Order #0901126019542021-23-09-2024
The Tribunal heard arguments regarding an appeal by the Lucknow Development Authority against an order awarding delay interest compensation, and subsequently reserved judgment.
Tribunal Order #0901126019542021-11-09-2024
The Tribunal recorded the payment of costs by the applicant and directed the office to verify the payment of Rs. 6,000 towards UP REAT, with the matter listed for hearing on 23.09.2024.
Tribunal Order #0901126019542021-07-08-2024
The Tribunal noted the appellant's failure to comply with a previous order dated 02.11.2022 regarding the payment of costs (Rs. 12,000/-) and granted the appellant 10 days to clarify the non-payment.
Tribunal Order #0901126019542021-05-10-2021
The Tribunal adjourned the case to 25.10.2021 and directed the appellant to rectify registry defects, specifically mandating compliance with Section 43(5) of the Act or face dismissal for non-compliance.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but directed the appellant to pay delay interest at MCLR+1% per annum for the period from 20.08.2013 to 27.11.2019. Awarded in favor of Partial. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but directed the appellant to pay delay interest at MCLR+1% per annum for the period from 20.08.2013 to 27.11.2019.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1% per annum
Interest Period
20.08.2013 to 27.11.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shruti Sahu
Respondent Advocate(s)
- Rahul Kapoor
Official RERA Tribunal Orders (10)
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but directed the appellant to pay delay interest at MCLR+1% per annum for the period from 20.08.2013 to 27.11.2019.
The Tribunal noted the payment of costs totaling Rs. 12,000/- to be split between the Tribunal and the respondent, granting the appellant five days to file proof of payment.
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to do so despite multiple extensions, directing that the hearing proceed based on existing records.
The Tribunal directed the respondent to file objections within 10 days and noted that the previous condonation of delay remains technically incomplete as the required costs have not yet been fully paid/received.
The Tribunal noted the appellant's failure to comply with the cost payment condition for condoning delay and directed the respondent to file objections within 10 days, followed by a reply from the appellant.
The Tribunal allowed the application for condonation of delay filed by Lucknow Development Authority, subject to a cost of Rs. 12,000, and directed the defective appeal to be registered as a Regular Appeal.
The Tribunal heard arguments regarding an appeal by the Lucknow Development Authority against an order awarding delay interest compensation, and subsequently reserved judgment.
The Tribunal recorded the payment of costs by the applicant and directed the office to verify the payment of Rs. 6,000 towards UP REAT, with the matter listed for hearing on 23.09.2024.
The Tribunal noted the appellant's failure to comply with a previous order dated 02.11.2022 regarding the payment of costs (Rs. 12,000/-) and granted the appellant 10 days to clarify the non-payment.
The Tribunal adjourned the case to 25.10.2021 and directed the appellant to rectify registry defects, specifically mandating compliance with Section 43(5) of the Act or face dismissal for non-compliance.
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