Appellant / Complainant
Kanpur Development Authority
Respondent
Jaya Shukla
₹5,83,000
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 0901126026292022 by Kanpur Development Authority against Jaya Shukla before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order, ruling that the promoter is entitled to forfeit only 10% of the sale price (the registration amount) rather than 20%, in accordance with the allotment terms and Supreme Court precedent regarding reasonable forfeiture.
Hearing
The court has adjourned the appeal to 08.01.2026 for orders, following a joint request from the counsel for both parties.
Hearing
The Tribunal granted an adjournment due to the respondent's counsel's illness and rescheduled the appeal for hearing on 28.11.2025.
Hearing
The Tribunal granted the respondent's counsel additional time to argue the matter and scheduled the case for a final hearing on November 18, 2025.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a final hearing on 28.10.2025.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 26.09.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel to prepare the case brief and rescheduled the hearing for September 1, 2025.
Hearing
Upon the joint request of the counsels for both parties, the appeal has been adjourned and listed for hearing on 08.08.2025.
Hearing
The Tribunal granted the parties an opportunity to attempt an amicable settlement and adjourned the appeal to 14.07.2025.
Hearing
The Tribunal has adjourned the appeal to 12.05.2025 for order/hearing following a joint request from both parties.
Hearing
The Tribunal granted a request for adjournment and rescheduled the case for orders/hearing on 18.04.2025.
Hearing
The Tribunal granted a request for more time to argue the matter and scheduled the case for orders on 26.03.2025.
Hearing
The matter is adjourned to 04.03.2025 for orders, following the absence of the appellant's counsel due to a medical emergency.
Hearing
The Tribunal granted a joint request from both parties to adjourn the hearing, rescheduling the matter for February 10, 2025.
Hearing
The Tribunal has adjourned the appeal to 20.01.2025 for orders/hearing following a joint request from the counsel for both parties.
Hearing
Upon the request of the appellant's counsel, the tribunal has scheduled the appeal for a hearing on 13.12.2024.
Hearing
The Tribunal granted a request for adjournment from the respondent's counsel and rescheduled the hearing for 14.11.2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal noted that pleadings have been exchanged and adjourned the matter to 16.10.2024 for orders or hearing.
Hearing
The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and scheduled the appeal for a final hearing on 06.09.2024.
Hearing
The Tribunal granted a request for adjournment due to the illness of the appellant's counsel and rescheduled the appeal for hearing on 06.08.2024.
Hearing
The Tribunal granted a request for adjournment from both parties and rescheduled the appeal for orders/hearing on 11.07.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the defective appeal for hearing on 14.05.2024.
Hearing
The Tribunal closed the respondent's opportunity to file a supplementary affidavit due to repeated failure to comply with previous orders and set the matter for hearing on 12.04.2024.
Hearing
The Tribunal noted a request for adjournment from the respondent and scheduled the appeal for a hearing on 07.03.2024.
Hearing
The Tribunal granted the respondent an extension of one week to file a supplementary affidavit and directed that a soft copy be emailed to the appellant, scheduling the next hearing for 01.11.2023.
Hearing
The Tribunal granted a final one-week extension to the respondent to file a supplementary affidavit and scheduled the next hearing for 20.09.2023.
Hearing
The Tribunal granted the respondent's counsel one week to file a supplementary affidavit and documents, with the appellant permitted to reply within a week thereafter. The matter is scheduled for hearing on 03.08.2023.
For Order
The Tribunal noted the absence of a formal adjournment application from the respondent and rescheduled the appeal for hearing on 22.05.2023.
Exchange of pleadings
The Tribunal has adjourned the appeal to 11.04.2023 following a joint request from the learned counsel for both parties.
Exchange of pleadings
The Tribunal noted that pleadings have been exchanged and scheduled the matter for further orders on 25.01.2023.
Delay condonation
The Tribunal allowed the application for condonation of delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the case for hearing on 22.11.2022.
Delay condonation
The Tribunal allowed the respondent to withdraw an incomplete reply and granted liberty to file a fresh reply to the grounds of appeal, adjourning the matter to 31.10.2022.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for 21.09.2022.
Defect Removal
The Tribunal granted the applicant two days to file an affidavit of service and scheduled the defective appeal for further orders on 28.07.2022.
Defect Removal
The Tribunal directed the appellant to rectify a defective online complaint and issued notice to the respondent for a hearing on 19.07.2022 regarding the application for condonation of delay.
Defect Removal
The Tribunal directed the appellant to remove registry-indicated defects and rescheduled the defective appeal for hearing on 31.05.2022.
Tribunal Order #0901126026292022-08-01-2026
The Tribunal set aside the Regulatory Authority's order, ruling that the promoter is entitled to forfeit only 10% of the sale price (the registration amount) rather than 20%, in accordance with the allotment terms and Supreme Court precedent regarding reasonable forfeiture.
Tribunal Order #0901126026292022-22-11-2022
The Tribunal allowed the application for condonation of delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126026292022-07-03-2024
The Tribunal closed the respondent's opportunity to file a supplementary affidavit due to repeated failure to comply with previous orders and set the matter for hearing on 12.04.2024.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order, ruling that the promoter is entitled to forfeit only 10% of the sale price (the registration amount) rather than 20%, in accordance with the allotment terms and Supreme Court precedent regarding reasonable forfeiture. Awarded in favor of Appellant. Awarded interest rate: MCLR+1 per cent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order, ruling that the promoter is entitled to forfeit only 10% of the sale price (the registration amount) rather than 20%, in accordance with the allotment terms and Supreme Court precedent regarding reasonable forfeiture.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1 per cent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Bhupendra
Respondent Advocate(s)
- Asif Anees
Official RERA Tribunal Orders (3)
The Tribunal set aside the Regulatory Authority's order, ruling that the promoter is entitled to forfeit only 10% of the sale price (the registration amount) rather than 20%, in accordance with the allotment terms and Supreme Court precedent regarding reasonable forfeiture.
The Tribunal allowed the application for condonation of delay in filing the appeal and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal closed the respondent's opportunity to file a supplementary affidavit due to repeated failure to comply with previous orders and set the matter for hearing on 12.04.2024.
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