Appellant / Complainant
Lucknow Development Authority
Respondent
Surendra Pandey, Malti Pandey
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 0901126031562021 by Lucknow Development Authority against Surendra Pandey, Malti Pandey before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeals filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delay interest and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottees.
Hearing
The Tribunal heard arguments from both parties regarding the appeal against a Regulatory Authority order and subsequently reserved judgment for future pronouncement.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence and scheduled the appeal for a hearing on 24.02.2024.
Hearing
The Tribunal noted the presence of the appellant's counsel and scheduled the appeal for a hearing/orders on 06.11.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on May 25, 2023.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the appeal for a hearing on 05.12.2022.
Further Order
The Tribunal has scheduled the appeal for orders or hearing on November 9, 2022.
Further Order
The Tribunal noted the absence of the appellant's counsel and scheduled the appeal for a hearing on 09.09.2022.
Further Order
The Tribunal noted that the respondent's counsel is on leave and adjourned the matter to 17.08.2022 for hearing.
Further Order
The Tribunal adjourned the matter to 21.07.2022 as no counsel appeared due to a lawyer strike/abstention related to an Oudh Bar Association resolution.
Delay condonation
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the COVID-19 pandemic period as grounds for relaxation, and directed the defective appeal to be registered as a Regular Appeal.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit in support of their application for condonation of delay and scheduled the matter for hearing on 04.04.2022.
Delay condonation
The Tribunal adjourned the case to 28.01.2022 for the disposal of a limitation application and its corresponding objection.
Delay condonation
The Tribunal granted the respondent one week to file a Vakalatnama and objections, and scheduled the case for hearing on the application for condonation of delay on 05.01.2022.
Defect Removal
The Tribunal directed the respondent's counsel to file a Vakalatnama within one week and scheduled the matter for 13.12.2021 to address the limitation application.
Defect Removal
The Tribunal noted the appearance of counsel for the respondent and scheduled the case for 18.11.2021 to address any existing defects.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the parties to exchange pleadings via post and email before the next hearing on 26.10.2021.
Tribunal Order #0901126031562021-07-05-2024
The Appellate Tribunal dismissed the appeals filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delay interest and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottees.
Tribunal Order #0901126031562021-04-04-2022
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the COVID-19 pandemic period as grounds for relaxation, and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeals filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delay interest and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottees. Awarded in favor of Respondent. Awarded interest rate: SBI's MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeals filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delay interest and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottees.
Ruling Awarded To
Respondent
Awarded Interest Rate
SBI's MCLR+1% per annum
Interest Period
from 17.08.2017 till the date of Registry i.e. 13.09.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (2)
The Appellate Tribunal dismissed the appeals filed by Lucknow Development Authority, upholding the Regulatory Authority's order for delay interest and directing that the promoter's pre-deposited amount be transferred to U.P. RERA for disbursement to the allottees.
The Tribunal allowed the application for condonation of delay in filing the appeal, citing the COVID-19 pandemic period as grounds for relaxation, and directed the defective appeal to be registered as a Regular Appeal.
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