Appellant / Complainant
Lucknow Development Authority
Respondent
Ajay Kumar Rai
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 0901126038272021 by Lucknow Development Authority against Ajay Kumar Rai before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the allottee's appeal and dismissed the LDA's appeal, ruling that the LDA must pay delay interest for the entire period from 24.12.2012 to 29.05.2019, while directing the transfer of pre-deposited funds to U.P. RERA for execution.
Hearing
The Tribunal heard arguments from both parties regarding various grounds of appeal filed by the Lucknow Development Authority, but has reserved its judgment for a later date.
Hearing
The Tribunal ordered that Appeal-625/2021 be clubbed with the respondent's cross-appeal (Misc. Case No. 94/2020) and scheduled for final hearing on 03.08.2022, noting that no further adjournments will be granted.
Hearing
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and provide a soft copy via email, scheduling the next hearing for August 1, 2022.
Hearing
The Tribunal adjourned the matter to 18.07.2022 because the respondent's senior counsel was unable to attend due to illness.
Delay condonation
The Tribunal allowed the appellant's application for condonation of delay (554 days) subject to a cost of Rs. 10,000 and directed the respondent to file a reply against the grounds of appeal.
Delay condonation
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections, Vakalatnama, or grounds of appeal despite previous opportunities and sufficient service via e-portal.
Further Order
The Tribunal granted the respondent a final 10-day extension to file objections against the condonation of delay application and the grounds of appeal, directing that pleadings be uploaded to the e-portal before the next hearing on 21.03.2022.
Further Order
The matter was adjourned to 12.01.2022 to allow the respondent's counsel to file objections against a limitation application.
Delay condonation
The Tribunal adjourned the case to 16.12.2021 for the disposal of a limitation application and any objections.
Hearing
The Tribunal granted a request by the appellant's counsel to list the defective appeal on 24.11.2021.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicant to serve the appeal documents via speed post and email.
Tribunal Order #0901126038272021-27-09-2022
The Tribunal partially allowed the allottee's appeal and dismissed the LDA's appeal, ruling that the LDA must pay delay interest for the entire period from 24.12.2012 to 29.05.2019, while directing the transfer of pre-deposited funds to U.P. RERA for execution.
Tribunal Order #0901126038272021-21-03-2022
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections, Vakalatnama, or grounds of appeal despite previous opportunities and sufficient service via e-portal.
Tribunal Order #0901126038272021-31-03-2022
The Tribunal allowed the appellant's application for condonation of delay (554 days) subject to a cost of Rs. 10,000 and directed the respondent to file a reply against the grounds of appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the allottee's appeal and dismissed the LDA's appeal, ruling that the LDA must pay delay interest for the entire period from 24.12.2012 to 29.05.2019, while directing the transfer of pre-deposited funds to U.P. RERA for execution. Awarded in favor of Respondent. Awarded interest rate: SBI's MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the allottee's appeal and dismissed the LDA's appeal, ruling that the LDA must pay delay interest for the entire period from 24.12.2012 to 29.05.2019, while directing the transfer of pre-deposited funds to U.P. RERA for execution.
Ruling Awarded To
Respondent
Awarded Interest Rate
SBI's MCLR+1%
Interest Period
from 24.12.2012 to 29.05.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
Respondent Advocate(s)
- Anoop Kumar
Official RERA Tribunal Orders (3)
The Tribunal partially allowed the allottee's appeal and dismissed the LDA's appeal, ruling that the LDA must pay delay interest for the entire period from 24.12.2012 to 29.05.2019, while directing the transfer of pre-deposited funds to U.P. RERA for execution.
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections, Vakalatnama, or grounds of appeal despite previous opportunities and sufficient service via e-portal.
The Tribunal allowed the appellant's application for condonation of delay (554 days) subject to a cost of Rs. 10,000 and directed the respondent to file a reply against the grounds of appeal.
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