Appellant / Complainant
Lucknow Development Authority
Respondent
Swati Sinha
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 0901126030432021 by Lucknow Development Authority against Swati Sinha before up_rera.
For Order
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatorily obligated to pay delay interest to the allottee from 27.12.2012 to 23.02.2019 (excluding the period of farmers' agitation) at a rate of MCLR+1%.
For Order
The Tribunal directed the office to issue notice to the respondent regarding the scheduled listing of the matter for orders on 05.02.2025.
Further Hearing
The Tribunal condoned an 80-day delay in filing the appeal, citing the Supreme Court's extension of limitation due to COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
Further Hearing
The Tribunal granted a final opportunity to the respondent's counsel to prepare their brief and rescheduled the hearing for 12.08.2024.
Further Hearing
The Tribunal granted a final one-week extension to the respondent for filing their vakalatnama and scheduled the case for orders/hearing on 07.08.2024.
Further Hearing
The Tribunal granted the respondent's counsel one week to upload a vakalatnama due to technical issues and scheduled the hearing for the application for condonation of delay on 23.07.2024.
Further Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for orders/hearing on 24.05.2024.
Further Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for further hearing on 24.04.2024.
Further Hearing
The Tribunal has noted the absence of both parties and ordered that the defective appeal be listed for hearing or orders on 20.03.2024.
Hearing
The Tribunal noted the absence of the respondent's counsel and ordered the matter to be listed for further hearing on 07.03.2024.
Hearing
The Tribunal noted the absence of counsel for both parties and scheduled the defective appeal for hearing on the application for condonation of delay on 26.02.2024.
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 17.10.2023.
Hearing
The Tribunal granted an adjournment request from the appellant's counsel on personal grounds and rescheduled the hearing for September 11, 2023.
Delay condonation
The Tribunal identified structural defects in the appeal's annexures due to missing dates and descriptions, directing the appellant to upload corrected documents within 10 days.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the case for hearing on an application for condonation of delay on 13.07.2023.
Delay condonation
The Tribunal granted an adjournment at the request of the respondent's counsel to study the applicant's reply and scheduled the matter for hearing on May 5, 2023.
Delay condonation
The Tribunal granted the appellant three days to reply to the respondent's objections and scheduled the case for hearing on April 11, 2023, regarding the application for condonation of delay.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and directed the appellant to file a reply to the respondent's objections within 10 days, listing the matter for hearing on 01.03.2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the case for consideration of the condonation of delay application on 30.01.2023.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to a personal bereavement and scheduled the case for consideration of condonation of delay on 29.11.2022.
Delay condonation
The Tribunal directed the respondent's counsel to upload objections via email and granted the applicant one week to file a reply, subsequently scheduling the case for 31.10.2022.
Delay condonation
The Tribunal granted a final 10-day extension to the respondent to file objections regarding the condonation of delay and grounds of appeal, scheduling the matter for hearing on 11.10.2022.
Delay condonation
The Tribunal granted the respondent an additional week to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent deadline for the applicant's reply. The case is scheduled for hearing on 08.09.2022.
Delay condonation
The Tribunal granted a final 10-day extension to the respondent to file objections to the condonation of delay application and grounds of appeal, warning that the matter will proceed ex-parte if they fail to appear or file on the next date.
Delay condonation
The Tribunal granted the respondent 10 days to file objections regarding the application for condonation of delay and grounds of appeal, with a subsequent timeline set for the applicant's reply.
Delay condonation
The Tribunal granted an adjournment to allow the respondent's counsel to file a Vakalatnama and an objection to the limitation application, scheduling the next hearing for May 6, 2022.
Delay condonation
The Tribunal granted the appellant one week to file an application for service of notice upon the respondent via publication due to non-delivery, and scheduled the matter for 30.03.2022.
Notice
The Tribunal directed the appellant's counsel to resolve a technical issue regarding the visibility of the affidavit of service on the e-portal and scheduled the matter for hearing on 21.03.2022.
Defect Removal
The Tribunal issued a notice to the respondent and directed the appellant to serve the appeal via speed post and file an affidavit of service before the next hearing on 27.01.2022.
Notice
The Tribunal noted non-compliance with Section 43(5) of the Act and directed the applicant to file a C.A. Certificate and rectify registry defects. The case is scheduled for 05.01.2022 to dispose of the limitation application and objections.
Delay condonation
The Tribunal noted compliance with Section 43(5) of the Act and directed that notice be issued to the respondent, scheduling the matter for December 1, 2021, to address the limitation application.
Tribunal Order #0901126030432021-05-02-2025
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatorily obligated to pay delay interest to the allottee from 27.12.2012 to 23.02.2019 (excluding the period of farmers' agitation) at a rate of MCLR+1%.
Tribunal Order #0901126030432021-01-12-2021
The Tribunal noted non-compliance with Section 43(5) of the Act and directed the applicant to file a C.A. Certificate and rectify registry defects. The case is scheduled for 05.01.2022 to dispose of the limitation application and objections.
Tribunal Order #0901126030432021-13-07-2023
The Tribunal identified structural defects in the appeal's annexures due to missing dates and descriptions, directing the appellant to upload corrected documents within 10 days.
Tribunal Order #0901126030432021-21-07-2022
The Tribunal granted a final 10-day extension to the respondent to file objections to the condonation of delay application and grounds of appeal, warning that the matter will proceed ex-parte if they fail to appear or file on the next date.
Tribunal Order #0901126030432021-12-08-2024
The Tribunal condoned an 80-day delay in filing the appeal, citing the Supreme Court's extension of limitation due to COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatorily obligated to pay delay interest to the allottee from 27.12.2012 to 23.02.2019 (excluding the period of farmers' agitation) at a rate of MCLR+1%. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatorily obligated to pay delay interest to the allottee from 27.12.2012 to 23.02.2019 (excluding the period of farmers' agitation) at a rate of MCLR+1%.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 27.12.2012 to 23.02.2019 (except the period from 27.04.2013 to 26.10.2016)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Amit Kumar Srivastava
Official RERA Tribunal Orders (5)
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the promoter is mandatorily obligated to pay delay interest to the allottee from 27.12.2012 to 23.02.2019 (excluding the period of farmers' agitation) at a rate of MCLR+1%.
The Tribunal noted non-compliance with Section 43(5) of the Act and directed the applicant to file a C.A. Certificate and rectify registry defects. The case is scheduled for 05.01.2022 to dispose of the limitation application and objections.
The Tribunal identified structural defects in the appeal's annexures due to missing dates and descriptions, directing the appellant to upload corrected documents within 10 days.
The Tribunal granted a final 10-day extension to the respondent to file objections to the condonation of delay application and grounds of appeal, warning that the matter will proceed ex-parte if they fail to appear or file on the next date.
The Tribunal condoned an 80-day delay in filing the appeal, citing the Supreme Court's extension of limitation due to COVID-19, and directed the Registry to convert the defective appeal into a regular appeal.
Need to research all rulings for a builder?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.