Appellant / Complainant
Ram Pratap Singh Sengar
Respondent
Kanpur Development Authority
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 0901126034322021 by Ram Pratap Singh Sengar against Kanpur Development Authority before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to interest for the delayed period from 09.12.2018 to 17.02.2021, rejecting the promoter's claims of force majeure and the argument that executing a sale deed waives the right to interest.
Hearing
The Tribunal granted an adjournment requested by the respondent but imposed a cost of Rs. 5,000 to be paid to the appellant due to the respondent's lack of cooperation in the 2021 matter.
Hearing
The Tribunal allowed an application to amend the prayer clause to correct a typographical error and scheduled the case for orders on 19.03.2026.
Hearing
The Tribunal has rescheduled the case for orders on 25.02.2026 at the request of the appellant's counsel, noting that no further adjournments will be granted to the respondent.
Hearing
The Tribunal granted the appellant 10 days to cure a procedural defect regarding the unsigned memo of appeal and directed the appellant to sign the document before the Registry.
Hearing
The Tribunal granted a joint request from the parties to adjourn the appeal and rescheduled the matter for orders/hearing on 07.01.2026, noting that no further adjournments will be permitted.
Re-Hearing
The Tribunal granted a final adjournment to the appellant due to counsel being out of station, with the strict condition that no further adjournments will be permitted.
Re-Hearing
The Tribunal adjourned the appeal to 19.11.2025 for final hearing and directed that no further adjournments will be granted to the appellant's counsel.
Re-Hearing
The Tribunal adjourned the appeal to 28.10.2025 and issued a strict directive that no further adjournments will be granted to the respondent.
Re-Hearing
The Tribunal heard arguments regarding the maintainability of the appeal due to a lack of verification/signature on the memo of appeal and adjourned the matter to 25.09.2025 for further arguments.
Re-Hearing
The appellant withdrew application IA 574 of 2025, and the respondent was granted time to file objections to a proposed amendment; the matter is listed for hearing on 03.09.2025.
Re-Hearing
The appellant's counsel requested an adjournment, and the tribunal subsequently listed the appeal for orders on 18.08.2025 before the regular Bench.
Re-Hearing
The Tribunal noted an amendment application filed by the appellant to correct typographical errors and directed the respondent to file objections before the next hearing. The matter is scheduled to be listed before a Special Bench on 09.07.2025.
Re-Hearing
The Tribunal granted the appellant permission to file an amendment application to correct typographical errors in the sought reliefs and scheduled the next hearing for 16.05.2025.
Re-Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the matter, scheduling the case for orders or hearing on May 1, 2025.
Re-Hearing
The Tribunal recorded a request for adjournment from the respondent and scheduled the case for hearing/orders on April 3, 2025, noting that no further adjournments shall be granted.
Re-Hearing
The Tribunal granted an adjournment requested by both parties and rescheduled the appeal for hearing on 06.03.2025.
For Order
Upon the joint request of both parties, the tribunal has adjourned the appeal to be listed for orders or hearing on 12.02.2025.
Hearing
The Tribunal heard arguments from both parties regarding the appeal and subsequently reserved the judgment for further consideration.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the next hearing for August 28, 2024, to address the matter in light of a previous order.
Hearing
The Tribunal granted a request from both parties' counsel to adjourn the matter and rescheduled the appeal for hearing on 30.07.2024.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on July 4, 2024.
Hearing
The Tribunal granted a request for adjournment to allow the respondent's counsel to conduct research regarding the relaxation of time limits for environmental clearances and scheduled the next hearing for May 7, 2024.
Hearing
The Tribunal noted that the respondent's counsel was on leave and scheduled the appeal for a hearing on 08.04.2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for hearing on 05.03.2024.
Hearing
The Tribunal adjourned the proceedings due to the absence of both parties and rescheduled the appeal for hearing on 01.02.2024.
Hearing
The Tribunal noted the absence of the respondent and, upon the appellant's counsel's request, scheduled the appeal for a hearing on 14.08.2023.
Hearing
The Tribunal directed the summoning of records for Complaint No. LKO157/06/55342/2020 and connected matters to clarify the applicability of NGT restrictions and the identity of parties involved in a previous undertaking.
Final Hearing
The Tribunal adjourned the proceedings due to the absence of the respondent's counsel and scheduled the matter for a hearing on 20.04.2023.
Further Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for February 3, 2023.
Further Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on January 2, 2023.
Further Hearing
The Tribunal has called the case and scheduled it for a hearing on December 1, 2022.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for a hearing on November 2, 2022.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for 27.09.2022.
Further Hearing
The Tribunal noted that pleadings have been exchanged and, upon the joint request of counsel, adjourned the appeal for hearing to 05.09.2022.
Further Hearing
The Tribunal granted the appellant 10 days to file a reply to the respondent's objection and scheduled the appeal for a hearing on August 16, 2022.
Further Hearing
The Tribunal granted the appellant one week's time to file a reply to the respondent's objections and scheduled the next hearing for 22.07.2022.
Further Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on personal grounds and rescheduled the hearing for July 6, 2022.
Further Order
The Tribunal granted an adjournment of the appeal following a request from the respondent's counsel due to illness and rescheduled the hearing for 19.05.2022.
Further Order
The Tribunal granted a joint request from the counsels of both parties to adjourn the appeal and listed the matter for further orders on 28.04.2022.
Further Order
The Tribunal adjourned the appeal due to the absence of the appellant and scheduled the matter for further orders on 25.03.2022.
Delay condonation
The Tribunal condoned a 128-day delay in filing the appeal, citing the COVID-19 pandemic period recognized by the Supreme Court, and directed the respondent to file a reply to the grounds of appeal.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the matter for January 10, 2022, to dispose of the limitation application.
Delay condonation
The Tribunal noted that the sale deed for the flat has been executed in favor of the appellant and that the Kanpur Development Authority is currently considering the settlement of delay interest. The matter is listed for further orders on 06.12.2021.
Delay condonation
The Tribunal noted that notice had not been duly served on the respondent and directed the appellant to issue notice via registered post and email, scheduling the matter for 15.11.2021 to address the limitation application.
Delay condonation
The Tribunal noted that the appeal was filed beyond the limitation period and ordered notice to be issued to the respondent via registered post and email, scheduling the matter for 21.10.2021 to address the limitation application.
Tribunal Order #0901126034322021-10-04-2026
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to interest for the delayed period from 09.12.2018 to 17.02.2021, rejecting the promoter's claims of force majeure and the argument that executing a sale deed waives the right to interest.
Tribunal Order #0901126034322021-20-04-2023
The Tribunal directed the summoning of records for Complaint No. LKO157/06/55342/2020 and connected matters to clarify the applicability of NGT restrictions and the identity of parties involved in a previous undertaking.
Tribunal Order #0901126034322021-15-11-2021
The Tribunal noted that the sale deed for the flat has been executed in favor of the appellant and that the Kanpur Development Authority is currently considering the settlement of delay interest. The matter is listed for further orders on 06.12.2021.
Tribunal Order #0901126034322021-19-03-2026
The Tribunal granted an adjournment requested by the respondent but imposed a cost of Rs. 5,000 to be paid to the appellant due to the respondent's lack of cooperation in the 2021 matter.
Tribunal Order #0901126034322021-10-01-2022
The Tribunal condoned a 128-day delay in filing the appeal, citing the COVID-19 pandemic period recognized by the Supreme Court, and directed the respondent to file a reply to the grounds of appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to interest for the delayed period from 09.12.2018 to 17.02.2021, rejecting the promoter's claims of force majeure and the argument that executing a sale deed waives the right to interest. Awarded in favor of Appellant. Awarded interest rate: MCLR+1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to interest for the delayed period from 09.12.2018 to 17.02.2021, rejecting the promoter's claims of force majeure and the argument that executing a sale deed waives the right to interest.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1 percent
Interest Period
w.e.f. 09.12.2018 to 17.02.2021
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
Respondent Advocate(s)
- Bhupendra Singh
- Somendra Pal Singh
Official RERA Tribunal Orders (5)
The Tribunal set aside the Regulatory Authority's order and ruled that the appellant is entitled to interest for the delayed period from 09.12.2018 to 17.02.2021, rejecting the promoter's claims of force majeure and the argument that executing a sale deed waives the right to interest.
The Tribunal directed the summoning of records for Complaint No. LKO157/06/55342/2020 and connected matters to clarify the applicability of NGT restrictions and the identity of parties involved in a previous undertaking.
The Tribunal noted that the sale deed for the flat has been executed in favor of the appellant and that the Kanpur Development Authority is currently considering the settlement of delay interest. The matter is listed for further orders on 06.12.2021.
The Tribunal granted an adjournment requested by the respondent but imposed a cost of Rs. 5,000 to be paid to the appellant due to the respondent's lack of cooperation in the 2021 matter.
The Tribunal condoned a 128-day delay in filing the appeal, citing the COVID-19 pandemic period recognized by the Supreme Court, and directed the respondent to file a reply to the grounds of appeal.
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