Appellant / Complainant
Krishna Kumar Gupta
Respondent
Lucknow Development Authority Lucknow
₹52,23,746
Appellant
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 0901126057472021 by Krishna Kumar Gupta against Lucknow Development Authority Lucknow before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant remains an 'allottee' entitled to a full refund of deducted amounts and interest at the rate of MCLR+1% due to the respondent's failure to deliver possession on time.
Hearing
The court heard arguments from the counsel for both the appellant and respondent, after which the judgment was reserved.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a medical exigency and scheduled the appeal for hearing on 10.04.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for March 2, 2023.
Further Hearing
The Tribunal has ordered the appeal to be listed for a subsequent hearing on 11.01.2023.
Further Hearing
The Tribunal adjourned the proceedings scheduled for 10.10.2022 due to heavy rain and the absence of both parties, rescheduling the matter for orders on 15.11.2022.
Further Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 10.10.2022.
Final Hearing
The Tribunal granted the respondent additional time to prepare their brief and adjourned the appeal to 27.09.2022.
Final Hearing
The Tribunal directed the appellant to comply with a previous order by filing an online complaint within one week and scheduled the appeal for hearing on 22.09.2022.
Final Hearing
The Tribunal directed the Registry to convert the defective appeal into a regular appeal and ordered the appellant to file the original online RERA complaint and refund application before the next hearing on 12.09.2022.
Final Hearing
The tribunal adjourned the defective appeal due to the absence of the appellant's counsel and scheduled the matter for hearing on 18.08.2022.
Final Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the case for hearing on the application for condonation of delay on 26.07.2022.
Delay condonation
The Tribunal noted the presence of the appellant's counsel and the absence of the respondent's counsel, subsequently scheduling the defective appeal for hearing on 13.07.2022.
Delay condonation
The Tribunal granted a final 10-day extension to the respondent to file objections and a vakalatnama, while scheduling the next hearing for May 26, 2022.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the condonation application and grounds of appeal, with a subsequent hearing scheduled for May 2, 2022.
Notice
The Tribunal directed the Registry to convert the defective appeal into a regular appeal and granted the respondent two weeks to file objections to the application for condonation of delay and the grounds of appeal.
Further Order
The Tribunal directed the applicant's counsel to take complete steps following a previous order dated 06.12.2021 and scheduled the matter for further orders on 08.02.2022.
Defect Removal
The Tribunal noted that all defects were removed and the appeal was filed within time, subsequently issuing notice to the respondent via registered post and e-mail.
Tribunal Order #0901126057472021-30-05-2023
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant remains an 'allottee' entitled to a full refund of deducted amounts and interest at the rate of MCLR+1% due to the respondent's failure to deliver possession on time.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant remains an 'allottee' entitled to a full refund of deducted amounts and interest at the rate of MCLR+1% due to the respondent's failure to deliver possession on time. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant remains an 'allottee' entitled to a full refund of deducted amounts and interest at the rate of MCLR+1% due to the respondent's failure to deliver possession on time.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from the date of actual deposition till the date of return
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Applicant/Appellant In-Person
- Ved Prakash Yadav
Respondent Advocate(s)
- Avneesh Kumar Rai
Official RERA Tribunal Orders (1)
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant remains an 'allottee' entitled to a full refund of deducted amounts and interest at the rate of MCLR+1% due to the respondent's failure to deliver possession on time.
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