Appellant / Complainant
Lucknow Development Authority
Respondent
Sanjay Kumar Tiwari
Partial
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 0901126058052021 by Lucknow Development Authority against Sanjay Kumar Tiwari before up_rera.
For Order
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but independently ruled that the respondent is entitled to delay interest at MCLR+1% per annum for the period from 20.10.2012 to 18.03.2019 (excluding a specific interim period).
For Order
The appeal has been adjourned at the request of the respondent's counsel and is scheduled to be listed on 11.03.2025.
For Order
The Tribunal has granted a request to list the appeal for orders or hearing on 10.02.2025.
Hearing
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
Hearing
The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed that a soft copy be emailed to the respondent. The case is scheduled for hearing on 21.04.2023 alongside a related appeal.
Exchange of pleadings
The Tribunal adjourned the matter due to the absence of counsel and rescheduled the appeal for hearing on 15.03.2023, along with the cross-appeal.
Exchange of pleadings
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the appeal for hearing on 16.01.2023.
Exchange of pleadings
The Tribunal has scheduled the case for further orders on 15.11.2022, to be heard alongside cross appeal No. 186/2021.
Exchange of pleadings
The Tribunal directed the appellant to file a replication/rejoinder to the respondent's reply and scheduled the matter for further orders on 17.10.2022, alongside cross Appeal No. 186/2021.
Further Hearing
The Tribunal directed the respondent's counsel to file a Vakalatnama and a reply to the memo of appeal before the next hearing date on 13.09.2022.
Further Order
The Tribunal granted the respondent a final two-week opportunity to file a reply to the appeal and directed that a copy be sent to the appellant's counsel via email.
Further Order
The Tribunal granted the respondent an extension of time to file a reply to the grounds of appeal and scheduled the next hearing for July 4, 2022.
Further Order
The Tribunal condoned a 262-day delay in filing the appeal by applying the COVID-19 pandemic relaxation granted by the Supreme Court and directed the registry to register the defective appeal as a regular appeal.
Further Order
The Tribunal issued notice to the respondent following the appellant's deposit of Rs. 3,83,915/- in compliance with Section 43(5) of the Act and scheduled the next hearing for 15.03.2022.
Defect Removal
The Tribunal granted a short adjournment to the appellant to comply with the provisions of Section 43(5) of the Act and listed the defective appeal for further orders on 11.01.2022.
Tribunal Order #0901126058052021-15-03-2022
The Tribunal condoned a 262-day delay in filing the appeal by applying the COVID-19 pandemic relaxation granted by the Supreme Court and directed the registry to register the defective appeal as a regular appeal.
Tribunal Order #0901126058052021-11-03-2025
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but independently ruled that the respondent is entitled to delay interest at MCLR+1% per annum for the period from 20.10.2012 to 18.03.2019 (excluding a specific interim period).
Tribunal Order #0901126058052021-21-04-2023
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but independently ruled that the respondent is entitled to delay interest at MCLR+1% per annum for the period from 20.10.2012 to 18.03.2019 (excluding a specific interim period). The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation. Awarded in favor of Partial. Awarded interest rate: MCLR+1 percent per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but independently ruled that the respondent is entitled to delay interest at MCLR+1% per annum for the period from 20.10.2012 to 18.03.2019 (excluding a specific interim period). The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1 percent per annum
Interest Period
w.e.f. 20.10.2012 to 18.03.2019 (excluding 27.04.2013 to 26.10.2016)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Anju Awasthy
Respondent Advocate(s)
- Shishir Srivastava
Official RERA Tribunal Orders (3)
The Tribunal condoned a 262-day delay in filing the appeal by applying the COVID-19 pandemic relaxation granted by the Supreme Court and directed the registry to register the defective appeal as a regular appeal.
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but independently ruled that the respondent is entitled to delay interest at MCLR+1% per annum for the period from 20.10.2012 to 18.03.2019 (excluding a specific interim period).
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
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