Appellant / Complainant
Lucknow Development Authority
Respondent
Nishant Kumar Singh
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 0901126036652021 by Lucknow Development Authority against Nishant Kumar Singh before up_rera.
For Order
The Tribunal rejected the appellant's application for condonation of delay and dismissed the recall application, while simultaneously directing the transfer of funds deposited by the promoter to UPRERA for disbursement to the respondent allottee.
For Order
The Tribunal directed the appellant to serve a copy of their 'better affidavit' to the respondent, allowing the respondent to file objections, and scheduled the next hearing for July 1, 2025.
For Order
The Tribunal granted the respondent's counsel time to file an objection against the appellant's better affidavit and adjourned the appeal to 28.05.2025.
For Order
The Tribunal noted the filing of a better affidavit for the recall application and granted an adjournment requested by the respondent, scheduling the next hearing for 08.05.2025.
For Order
The Tribunal granted the appellant three days to file a better affidavit and set a timeline for the respondent to file objections and the appellant to file a reply, with the next hearing scheduled for 24.04.2025.
For Order
The appeal is adjourned to 27.03.2025 due to a strike by the Bar Council of Uttar Pradesh.
For Order
The Tribunal granted the appellant additional time to file a better affidavit in support of their application for condonation of delay and scheduled the matter for hearing on 25.02.2025.
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.
Hearing
The Tribunal heard arguments regarding an application for condonation of delay in filing a recall application for the order dated 13.03.2023 and reserved judgment on the matter.
Hearing
The Tribunal granted time to both counsels to reply to referred deficiencies and adjourned the matter to 29.08.2024.
Hearing
The Tribunal granted a final one-week adjournment to the appellant's counsel to conduct research for the application to recall the order dated 13.03.2023, with the matter listed for 12.07.2024.
For Order
The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the non-appearance of the appellant's counsel.
For Order
The Tribunal noted that pleadings have been exchanged between the parties and scheduled the case for a hearing on February 2, 2023.
For Order
The Tribunal noted the appellant's filing of a replication/rejoinder and scheduled the appeal for a hearing on 21.11.2022.
For Order
The Tribunal granted the appellant permission to file a replication/rejoinder within three days and scheduled the next hearing for October 12, 2022.
Further Order
The Tribunal stayed the recovery proceedings issued against the appellant, noting that 100% of the amount had already been deposited under Section 43(5) of the Act, and directed the appellant to file a replication/rejoinder.
Further Order
The Tribunal directed the appellant to file a replication/rejoinder and instructed the Registry to resolve a technical issue regarding an interim relief application not visible on the e-portal.
Further Order
The Tribunal granted the respondent two weeks to file a reply due to illness and directed the parties to exchange pleadings via e-mail and upload them to the e-portal before the next hearing on 19.07.2022.
Delay condonation
The Tribunal condoned a 158-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the defective appeal to be registered as a Regular Appeal.
Delay condonation
The Tribunal granted the respondent two weeks to file objections to the application for condonation of delay and the grounds of appeal, with subsequent deadlines set for replies and electronic filing of pleadings.
Compliance of section 43(5)
The Tribunal directed the respondent to file an objection to the appellant's limitation application and scheduled the matter for January 27, 2022, to dispose of said application.
Further Order
The Tribunal noted that the appellant has removed registry defects and issued notice to the respondent to appear for the next hearing scheduled on 05.01.2022.
Tribunal Order #0901126036652021-01-07-2025
The Tribunal rejected the appellant's application for condonation of delay and dismissed the recall application, while simultaneously directing the transfer of funds deposited by the promoter to UPRERA for disbursement to the respondent allottee.
Tribunal Order #0901126036652021-13-03-2023
The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the non-appearance of the appellant's counsel.
Tribunal Order #0901126036652021-24-08-2022
The Tribunal stayed the recovery proceedings issued against the appellant, noting that 100% of the amount had already been deposited under Section 43(5) of the Act, and directed the appellant to file a replication/rejoinder.
Tribunal Order #0901126036652021-01-04-2022
The Tribunal condoned a 158-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal rejected the appellant's application for condonation of delay and dismissed the recall application, while simultaneously directing the transfer of funds deposited by the promoter to UPRERA for disbursement to the respondent allottee. The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the non-appearance of the appellant's counsel. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal rejected the appellant's application for condonation of delay and dismissed the recall application, while simultaneously directing the transfer of funds deposited by the promoter to UPRERA for disbursement to the respondent allottee. The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the non-appearance of the appellant's counsel.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 27.10.2016 to 29.05.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Shuchita Singh
Official RERA Tribunal Orders (4)
The Tribunal rejected the appellant's application for condonation of delay and dismissed the recall application, while simultaneously directing the transfer of funds deposited by the promoter to UPRERA for disbursement to the respondent allottee.
The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the non-appearance of the appellant's counsel.
The Tribunal stayed the recovery proceedings issued against the appellant, noting that 100% of the amount had already been deposited under Section 43(5) of the Act, and directed the appellant to file a replication/rejoinder.
The Tribunal condoned a 158-day delay in filing the appeal, citing the Supreme Court's relaxation of limitation periods due to the COVID-19 pandemic, and directed the defective appeal to be registered as a Regular Appeal.
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