Appellant / Complainant
Lucknow Development Authority
Respondent
Dhirendra Vikram Singh
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 0901126059542022 by Lucknow Development Authority against Dhirendra Vikram Singh before up_rera.
Re-Hearing
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum from 24.05.2012 to 18.02.2019 based on admitted facts.
Hearing
The Tribunal has ordered the appeal to be listed for rehearing on 11.04.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for hearing on 24.02.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for 29.01.2025, noting that no further adjournments will be permitted.
for delivery of Judgment/Order
The Tribunal condoned the delay in filing five defective appeals, ruling that when the jurisdiction of the original order is challenged, the interest of substantial justice outweighs technical limitations. The Registry is directed to convert these into regular appeals for hearing on 06.01.2025.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and the main appeal, subsequently reserving judgment for a later date.
Delay condonation
The Tribunal recorded that the appellant's counsel declined to file a rejoinder and, upon joint request of the parties, rescheduled the defective appeal for orders/hearing on 12.07.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel to file supporting judgments for a condonation of delay application and rescheduled the matter for hearing on 03.07.2024.
Delay condonation
The Tribunal noted that pleadings have been exchanged and listed the defective appeal for consideration of the application for condonation of delay on 03.05.2024.
Delay condonation
Upon the joint request of the counsel for both parties, the tribunal has scheduled the defective appeal for consideration of the delay condonation application and a hearing on 03.04.2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections and allowed the applicant one week thereafter to file a reply, following adjournment requests from both parties.
Delay condonation
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 17.10.2023.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel on personal grounds and granted a final ten-day extension for the appellant to file a reply to the respondent's objections.
Delay condonation
The Tribunal granted a joint request from the counsels to list the defective appeal on 09.08.2023 for the consideration of a delay condonation application and a hearing.
Delay condonation
The Tribunal recalled its order dated 31.01.2023 closing the respondent's opportunity to file objections, subject to a cost of Rs. 1,000/- to be used for the Legal Representative's Library.
Delay condonation
The Tribunal granted the applicant 10 days to file a reply to the respondent's objections and scheduled the matter for hearing on 28.03.2023.
Delay condonation
The Tribunal rejected the respondent's request for adjournment and closed their opportunity to file objections due to failure to file a vakalatnama or objections despite previously granted time. The case is scheduled for hearing on the application for condonation of delay on 03.03.2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for January 31, 2023.
Delay condonation
The Tribunal issued notice to the respondent regarding the appellant's application for condonation of a 43-day delay and scheduled the matter for hearing on 28.11.2022.
Tribunal Order #0901126059542022-11-04-2025
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum from 24.05.2012 to 18.02.2019 based on admitted facts.
Tribunal Order #0901126059542022-14-11-2024
The Tribunal condoned the delay in filing five defective appeals, ruling that when the jurisdiction of the original order is challenged, the interest of substantial justice outweighs technical limitations. The Registry is directed to convert these into regular appeals for hearing on 06.01.2025.
Tribunal Order #0901126059542022-28-03-2023
The Tribunal recalled its order dated 31.01.2023 closing the respondent's opportunity to file objections, subject to a cost of Rs. 1,000/- to be used for the Legal Representative's Library.
Tribunal Order #0901126059542022-31-01-2023
The Tribunal rejected the respondent's request for adjournment and closed their opportunity to file objections due to failure to file a vakalatnama or objections despite previously granted time. The case is scheduled for hearing on the application for condonation of delay on 03.03.2023.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum from 24.05.2012 to 18.02.2019 based on admitted facts. 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 directly awarded the respondent delay interest at MCLR+1% per annum from 24.05.2012 to 18.02.2019 based on admitted facts.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1 percent per annum
Interest Period
w.e.f. 24.05.2012 to 18.02.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Atul Tripathi
Official RERA Tribunal Orders (4)
The Tribunal set aside the Adjudicating Officer's order due to lack of jurisdiction but directly awarded the respondent delay interest at MCLR+1% per annum from 24.05.2012 to 18.02.2019 based on admitted facts.
The Tribunal condoned the delay in filing five defective appeals, ruling that when the jurisdiction of the original order is challenged, the interest of substantial justice outweighs technical limitations. The Registry is directed to convert these into regular appeals for hearing on 06.01.2025.
The Tribunal recalled its order dated 31.01.2023 closing the respondent's opportunity to file objections, subject to a cost of Rs. 1,000/- to be used for the Legal Representative's Library.
The Tribunal rejected the respondent's request for adjournment and closed their opportunity to file objections due to failure to file a vakalatnama or objections despite previously granted time. The case is scheduled for hearing on the application for condonation of delay on 03.03.2023.
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