Appellant / Complainant
Lucknow Development Authority
Respondent
Avinash Singh, Asha 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 0901126044172021 by Lucknow Development Authority against Avinash Singh, Asha Singh before up_rera.
For Order
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 13.06.2013 to 07.08.2019 (excluding the period of farmers' agitation) at the rate of MCLR+1% on the deposited amount.
For Order
The Tribunal directed the office to issue notice to the respondent regarding the new listing date of 05.02.2025 for orders.
Hearing
The Tribunal heard arguments from the appellant ex-parte and reserved judgment, noting that the matter is covered by a previous precedent (Appeal No. 54/2024).
Hearing
The Tribunal has revised the list and scheduled the appeal for a hearing on 07.08.2024.
Hearing
The Tribunal noted the absence of the respondent's counsel and rescheduled the appeal for orders/hearing on 25.07.2024.
Hearing
The Tribunal adjourned the proceedings due to the absence of the respondent's counsel and scheduled the next hearing for 29.05.2024, with a strict directive that no further adjournments will be granted.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for May 21, 2024.
Hearing
The Tribunal allowed the appellant's application to amend the grounds of appeal regarding the jurisdiction of the Adjudicating Officer and directed the incorporation of these legal grounds into the appeal records.
Hearing
The Tribunal granted the appellant one week to file an amendment application regarding the jurisdiction of the Adjudicating Officer and scheduled the next hearing for March 18, 2024.
Hearing
The Tribunal granted an adjournment to the appellant's counsel and scheduled the matter for an ex-parte hearing on 24.02.2024, noting that the respondent has already been proceeded against ex-parte.
Hearing
The Tribunal noted the absence of the respondent's counsel and, upon the appellant's request, scheduled the appeal for hearing on 06.11.2023.
Hearing
The Tribunal noted that the case had previously proceeded ex-parte and scheduled the matter for hearing/orders on 25.05.2023.
Part Heard
The Tribunal adjourned the appeal to 05.12.2022 because the appellant's counsel was unprepared, while noting that the matter had previously proceeded ex parte against the respondent.
Part Heard
The Tribunal has listed Appeal-769/2021 for orders or hearing on November 9, 2022.
Hearing
The Tribunal granted an adjournment request from the appellant's counsel and directed the parties to exchange pleadings before the next hearing scheduled for 28.09.2022.
Hearing
Due to the respondent's failure to file a reply or appear before the Tribunal, the court has closed the opportunity to file a reply and ordered the matter to be listed for ex-parte proceedings on 02.09.2022.
Hearing
The Tribunal closed the respondent's opportunity to file objections due to non-appearance and failure to file objections despite repeated opportunities. The appeal is scheduled for hearing on 04.08.2022, noting that if no one appears, the case will be decided based on the existing record.
Hearing
The Tribunal adjourned the case and directed the respondent to file a reply to the memo of appeal within two weeks, allowing the appellant to file a replication thereafter.
Further Order
The Tribunal condoned a 126-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation and directed the respondent to file objections against the grounds of appeal before the next hearing.
Further Order
The Tribunal adjourned the matter to 06.04.2022 to address a defective appeal.
Delay condonation
The Tribunal adjourned the case and directed the respondent's counsel to file an objection against the limitation application and serve a copy to the applicant via email.
Delay condonation
The Tribunal adjourned the matter to 03.01.2022 to consider an application for condonation of delay and its subsequent objection, noting that while notice was delivered, the respondent failed to appear.
Defect Removal
The Tribunal issued a notice to the respondents via registered post and email and scheduled the matter for 21.12.2021 to address the limitation application and objections.
Tribunal Order #0901126044172021-06-04-2022
The Tribunal condoned a 126-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation and directed the respondent to file objections against the grounds of appeal before the next hearing.
Tribunal Order #0901126044172021-05-02-2025
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 13.06.2013 to 07.08.2019 (excluding the period of farmers' agitation) at the rate of MCLR+1% on the deposited amount.
Tribunal Order #0901126044172021-18-03-2024
The Tribunal allowed the appellant's application to amend the grounds of appeal regarding the jurisdiction of the Adjudicating Officer and directed the incorporation of these legal grounds into the appeal records.
Tribunal Order #0901126044172021-04-08-2022
Due to the respondent's failure to file a reply or appear before the Tribunal, the court has closed the opportunity to file a reply and ordered the matter to be listed for ex-parte proceedings on 02.09.2022.
Tribunal Order #0901126044172021-21-07-2022
The Tribunal closed the respondent's opportunity to file objections due to non-appearance and failure to file objections despite repeated opportunities. The appeal is scheduled for hearing on 04.08.2022, noting that if no one appears, the case will be decided based on the existing record.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 13.06.2013 to 07.08.2019 (excluding the period of farmers' agitation) at the rate of MCLR+1% on the deposited amount. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 13.06.2013 to 07.08.2019 (excluding the period of farmers' agitation) at the rate of MCLR+1% on the deposited amount.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 13.06.2013 to 07.08.2019 (except the period from 27.04.2013 to 26.10.2016)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Manjusha Kapil
- Sant Sharan Yadav
Official RERA Tribunal Orders (5)
The Tribunal condoned a 126-day delay in filing the appeal by applying the Supreme Court's COVID-19 limitation relaxation and directed the respondent to file objections against the grounds of appeal before the next hearing.
The Appellate Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but ruled that the respondent is entitled to delay interest from 13.06.2013 to 07.08.2019 (excluding the period of farmers' agitation) at the rate of MCLR+1% on the deposited amount.
The Tribunal allowed the appellant's application to amend the grounds of appeal regarding the jurisdiction of the Adjudicating Officer and directed the incorporation of these legal grounds into the appeal records.
Due to the respondent's failure to file a reply or appear before the Tribunal, the court has closed the opportunity to file a reply and ordered the matter to be listed for ex-parte proceedings on 02.09.2022.
The Tribunal closed the respondent's opportunity to file objections due to non-appearance and failure to file objections despite repeated opportunities. The appeal is scheduled for hearing on 04.08.2022, noting that if no one appears, the case will be decided based on the existing record.
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