Appellant / Complainant
Lucknow Development Authority
Respondent
Usha Srivastava
₹7,56,194
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 0901126043752021 by Lucknow Development Authority against Usha Srivastava before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to refund Rs. 7,56,194/- with interest to the respondent and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement.
Hearing
The appellant (Lucknow Development Authority) is appealing a Regulatory Authority's order directing the refund of Rs. 7,56,194 to the respondent along with interest at MCLR+1% due to delayed possession of flats.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for a hearing on 04.03.2024.
Hearing
The Tribunal noted the absence of the respondent and, upon being informed by the appellant's counsel that the appeal is ripe for hearing, scheduled the matter for hearing/orders on 06.11.2023.
Hearing
The Tribunal noted that Mr. Abhishek Khare will file a Vakalatnama for the Lucknow Development Authority and adjourned the matter to 25.05.2023 for orders/hearing.
Hearing
The Tribunal noted the appearance of new counsel for the Lucknow Development Authority and scheduled the appeal for a hearing on 06.04.2023 as pleadings are complete.
Hearing
The Tribunal ordered a fresh hearing of the appeal on 16.03.2023 because the previous Bench's judgment could not be delivered following the departure of its Presiding Member.
Hearing
The Tribunal heard arguments from both parties and directed the respondent to file written arguments within 15 days, subsequently reserving judgment.
Further Order
The case was adjourned due to the non-appearance of both parties and is scheduled for a hearing on 11.05.2022.
Further Order
The Tribunal allowed the application for condonation of delay subject to a cost of Rs. 5,000 (split equally between the Tribunal's fund and the respondent) and directed the registry to register the defective appeal as a regular appeal.
Delay condonation
The Tribunal adjourned the case to 24.01.2022 and directed the respondent's counsel to file an objection against the limitation application.
Delay condonation
The Tribunal granted the appellant one week to complete compliance with Section 43(5) of the Act, 2016, by depositing the remaining required amount via the e-portal.
Defect Removal
The Tribunal issued a notice to the respondent via registered post and email and scheduled the case for December 21, 2021, to address the limitation application and any objections.
Tribunal Order #0901126043752021-07-05-2024
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to refund Rs. 7,56,194/- with interest to the respondent and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement.
Tribunal Order #0901126043752021-04-03-2024
The appellant (Lucknow Development Authority) is appealing a Regulatory Authority's order directing the refund of Rs. 7,56,194 to the respondent along with interest at MCLR+1% due to delayed possession of flats.
Tribunal Order #0901126043752021-07-03-2022
The Tribunal allowed the application for condonation of delay subject to a cost of Rs. 5,000 (split equally between the Tribunal's fund and the respondent) and directed the registry to register the defective appeal as a regular appeal.
Tribunal Order #0901126043752021-21-12-2021
The Tribunal granted the appellant one week to complete compliance with Section 43(5) of the Act, 2016, by depositing the remaining required amount via the e-portal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to refund Rs. 7,56,194/- with interest to the respondent and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to refund Rs. 7,56,194/- with interest to the respondent and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% per annum
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Surangama Sharma
Official RERA Tribunal Orders (4)
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to refund Rs. 7,56,194/- with interest to the respondent and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement.
The appellant (Lucknow Development Authority) is appealing a Regulatory Authority's order directing the refund of Rs. 7,56,194 to the respondent along with interest at MCLR+1% due to delayed possession of flats.
The Tribunal allowed the application for condonation of delay subject to a cost of Rs. 5,000 (split equally between the Tribunal's fund and the respondent) and directed the registry to register the defective appeal as a regular appeal.
The Tribunal granted the appellant one week to complete compliance with Section 43(5) of the Act, 2016, by depositing the remaining required amount via the e-portal.
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