Appellant / Complainant
Santosh Kumar Gupta
Respondent
Lucknow Development Authority
₹50,83,746
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 0901126057482021 by Santosh Kumar Gupta against Lucknow Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to a full refund with interest due to project delays and directing the respondent to pay interest on the previously returned amount plus the wrongfully deducted Rs. 48,380 at the rate of MCLR+1%.
Hearing
The appellant is challenging the Regulatory Authority's rejection of his complaint, arguing that he is entitled to a full refund with interest under Section 18(1) of the Act 2016 due to the respondent's failure to provide possession by the promised date.
Hearing
The Tribunal has granted a request by the appellant's counsel to reschedule the hearing of Appeal-897/2021 to 26.05.2023.
Hearing
The Tribunal adjourned the proceedings to 21.04.2023 to allow the respondent's counsel to file his Vakalatnama following a change in legal representation.
Hearing
The Tribunal adjourned the proceedings to 03.02.2023 following a request for adjournment by the respondent's counsel due to illness.
Arguments
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the appeal for further arguments on 02.01.2023.
Arguments
The Tribunal noted that pleadings have been exchanged between the parties and scheduled the appeal for a hearing on December 1, 2022.
Arguments
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the appeal for hearing on 07.11.2022.
For Order
The Tribunal noted the filing of a replication/rejoinder by the appellant and adjourned the matter to 30.09.2022 for further arguments.
Hearing on Appeal
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for September 20, 2022.
Hearing on Appeal
The Tribunal directed the respondent to file a reply to the memo of appeal and scheduled the matter for further orders on 28.07.2022.
Hearing on Appeal
The Tribunal directed the respondent to file a reply to the grounds of appeal and scheduled the matter for further orders on 18.05.2022.
Delay condonation
The Tribunal deemed service on the respondent sufficient and granted 10 days for filing objections, while directing the Registry to verify if defects in the appeal have been removed to convert it into a regular appeal.
Delay condonation
The Tribunal issued a notice to the respondent and directed the appellant to serve the appeal documents via speed post and file an affidavit of service before the next hearing on 08.02.2022.
Defect Removal
The Tribunal directed the issuance of notice to the respondent via registered post and email and scheduled the matter for further orders on 07.01.2022.
Tribunal Order #0901126057482021-18-08-2023
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to a full refund with interest due to project delays and directing the respondent to pay interest on the previously returned amount plus the wrongfully deducted Rs. 48,380 at the rate of MCLR+1%.
Tribunal Order #0901126057482021-08-08-2023
The appellant is challenging the Regulatory Authority's rejection of his complaint, arguing that he is entitled to a full refund with interest under Section 18(1) of the Act 2016 due to the respondent's failure to provide possession by the promised date.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to a full refund with interest due to project delays and directing the respondent to pay interest on the previously returned amount plus the wrongfully deducted Rs. 48,380 at the rate of MCLR+1%. 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 is entitled to a full refund with interest due to project delays and directing the respondent to pay interest on the previously returned amount plus the wrongfully deducted Rs. 48,380 at the rate of MCLR+1%.
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)
- Abhishek Khare
Official RERA Tribunal Orders (2)
The Tribunal set aside the Regulatory Authority's order, ruling that the appellant is entitled to a full refund with interest due to project delays and directing the respondent to pay interest on the previously returned amount plus the wrongfully deducted Rs. 48,380 at the rate of MCLR+1%.
The appellant is challenging the Regulatory Authority's rejection of his complaint, arguing that he is entitled to a full refund with interest under Section 18(1) of the Act 2016 due to the respondent's failure to provide possession by the promised date.
Need to research all rulings for a builder?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.