Appellant / Complainant
Lucknow Development Authority
Respondent
Swapnil Srivastava, Akanksha Srivastava
₹39,89,000
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 0901126038242021 by Lucknow Development Authority against Swapnil Srivastava, Akanksha Srivastava before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest at MCLR+1% to the respondent for delay in possession, and directed the transfer of the appellant's pre-deposit to the U.P. RERA for disbursement.
Hearing
The matter was heard by the Division Bench, and the court has reserved its judgment following arguments from both counsel.
Hearing
The U.P. Real Estate Appellate Tribunal heard arguments regarding an appeal by Lucknow Development Authority against a RERA order, specifically addressing issues of non-joinder of parties, compensation for delay, and force majeure claims due to civil disturbance; the judgment was reserved.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to him being out of station and scheduled the appeal for hearing on 29.09.2022.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 06.09.2022.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 17.08.2022.
Hearing
The case was adjourned to 20.07.2022 due to the absence of the appellant's counsel and a lawyer strike by the Oudh Bar Association.
Hearing
The Tribunal directed both parties to exchange lists of dates, events, and relied-upon case law at least seven days prior to the next hearing scheduled for May 10, 2022.
to file objections and its reply
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on April 5, 2022.
to file objections and its reply
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and scheduled the next hearing for March 16, 2022.
Further Order
The Tribunal granted the appellant permission to file a rejoinder against the respondent's reply and scheduled the appeal for further orders on 17.01.2022.
Delay condonation
The Tribunal granted the respondent 10 days to file an objection against the limitation application and scheduled the matter for November 25, 2021, to dispose of said application.
Delay condonation
The Tribunal issued notice to the respondent regarding an application for condonation of delay and directed the parties to exchange pleadings via speed post and email before the next hearing on 27.10.2021.
Tribunal Order #0901126038242021-09-12-2022
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest at MCLR+1% to the respondent for delay in possession, and directed the transfer of the appellant's pre-deposit to the U.P. RERA for disbursement.
Tribunal Order #0901126038242021-29-09-2022
The U.P. Real Estate Appellate Tribunal heard arguments regarding an appeal by Lucknow Development Authority against a RERA order, specifically addressing issues of non-joinder of parties, compensation for delay, and force majeure claims due to civil disturbance; the judgment was reserved.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest at MCLR+1% to the respondent for delay in possession, and directed the transfer of the appellant's pre-deposit to the U.P. RERA for disbursement. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest at MCLR+1% to the respondent for delay in possession, and directed the transfer of the appellant's pre-deposit to the U.P. RERA for disbursement.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 05.05.2018 to 28.09.2018
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
Respondent Advocate(s)
- Hridesh Srivastava
Official RERA Tribunal Orders (2)
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest at MCLR+1% to the respondent for delay in possession, and directed the transfer of the appellant's pre-deposit to the U.P. RERA for disbursement.
The U.P. Real Estate Appellate Tribunal heard arguments regarding an appeal by Lucknow Development Authority against a RERA order, specifically addressing issues of non-joinder of parties, compensation for delay, and force majeure claims due to civil disturbance; the judgment was reserved.
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