Appellant / Complainant
Lucknow Development Authority
Respondent
Sandeep Shrivastaa
₹25,86,161
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 0901126024052021 by Lucknow Development Authority against Sandeep Shrivastaa before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Delay condonation
The Tribunal condoned a 362-day delay in filing the appeal, citing Supreme Court precedents regarding limitation extensions, and proceeded to hear the appeal on its merits.
Delay condonation
The Tribunal granted the appellant's counsel an additional week to file a reply to the respondent's objections and adjourned the matter to 30.05.2022 for consideration of the condonation of delay application.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal, scheduling the next hearing for May 12, 2022.
Further Order
The Tribunal granted an adjournment request from the respondent's counsel and directed him to file his vakalatnama within one week.
Further Order
The Tribunal adjourned the matter to 05.04.2022 and directed the respondent to appear through an authorized person under Section 56 of the Act.
Further Order
The Tribunal adjourned the matter in the interest of justice and scheduled the case for further orders on 28.01.2022.
Further Order
The Tribunal granted a short adjournment to the respondent following a telephonic communication, rescheduling the defective appeal for hearing on 05.01.2022.
Defect Removal
The Tribunal noted that notice had not been duly served on the respondent and ordered the appellant to issue notice via registered post, email, and 'Dasti' within 10 days, listing the matter for 02.12.2021.
Defect Removal
The Tribunal directed the applicant to rectify a defect regarding an unsigned Form L and ordered notice to be issued to the respondent regarding the application for condonation of delay.
Tribunal Order #0901126024052021-08-09-2022
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Tribunal Order #0901126024052021-06-10-2021
The Tribunal directed the applicant to rectify a defect regarding an unsigned Form L and ordered notice to be issued to the respondent regarding the application for condonation of delay.
Tribunal Order #0901126024052021-21-07-2022
The Tribunal condoned a 362-day delay in filing the appeal, citing Supreme Court precedents regarding limitation extensions, and proceeded to hear the appeal on its merits.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee. 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 Lucknow Development Authority, upholding the Regulatory Authority's order for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 30.05.2012 to 26.04.2013 and from 27.10.2016 till the date of offer of possession i.e. 13.02.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Mishra
Respondent Advocate(s)
- Suryansh Narula
Official RERA Tribunal Orders (3)
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
The Tribunal directed the applicant to rectify a defect regarding an unsigned Form L and ordered notice to be issued to the respondent regarding the application for condonation of delay.
The Tribunal condoned a 362-day delay in filing the appeal, citing Supreme Court precedents regarding limitation extensions, and proceeded to hear the appeal on its merits.
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