Appellant / Complainant
Lucknow Development Authority
Respondent
Pallaw Kumar Sinha
₹17,75,000
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 0901126059702021 by Lucknow Development Authority against Pallaw Kumar Sinha before up_rera.
Hearing
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award interest for delay to an allottee who chose to continue in the project, as such matters fall under the exclusive purview of the Regulatory Authority.
Hearing
The proceedings were adjourned at the request of both counsels, with the appeal scheduled for a hearing on 22.10.2024.
Hearing
The Tribunal granted the appellant time to file a reply to the respondent's arguments on legal points and scheduled the next hearing for September 12, 2024.
Hearing
The Tribunal has adjourned the matter to 12.08.2024 for hearing, following a request from the respondent's counsel to align the date with a similar pending appeal.
Hearing
The Tribunal granted a request by the appellant's counsel to adjourn the matter and rescheduled the appeal for hearing/orders on 07.08.2024.
Hearing
The Tribunal noted that the appeal is ready for hearing and scheduled the matter for orders/hearing on 16.05.2024.
Hearing
The Tribunal noted the absence of both parties and ordered the appeal to be listed for hearing on 16.04.2024.
Hearing
The Tribunal noted that the appellant has carried out an amendment and provided assurance to file a copy within three days, subsequently scheduling the appeal for hearing on 14.03.2024.
Hearing
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer and directed the filing of an amended memo of appeal.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 13.10.2023.
Hearing
The Tribunal has adjourned the appeal to 05.09.2023 following a joint request from the counsels for both parties.
Hearing
The Tribunal granted the appellant one week to amend the grounds of appeal and directed that the amended copy be served via email, with a subsequent reply due from the respondent.
For Order
The Tribunal noted that the respondent's counsel informed the court that the appeal is ripe for hearing and subsequently scheduled the matter for a hearing on 08.08.2023.
For Order
The Tribunal noted that the respondent's counsel is unwell due to Covid and subsequently scheduled the case for orders/hearing on 29.05.2023.
For Order
The Tribunal granted the appellant's request to list the appeal on 18.04.2023 to align with other similar appeals involving the same question of law regarding interest on delayed possession.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the appeal for a hearing on 16.03.2023.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the matter for hearing on 02.02.2023.
For Order
The Tribunal adjourned the appeal to 16.12.2022 for further orders.
For Order
The Tribunal adjourned the appeal and scheduled it for further arguments on 14.12.2022.
For Order
The Tribunal allowed the appellant's adjournment application subject to a cost of Rs. 2400/-, half of which is to be deposited in the Tribunal's fund and the other half paid to the respondent's counsel.
For Order
The Tribunal granted an adjournment application filed by the counsel for the appellant and rescheduled the hearing for November 9, 2022.
For Order
The Tribunal granted a request by the appellant's counsel to adjourn the matter and rescheduled the appeal for final hearing on 21.10.2022.
Further Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the matter for hearing on 21.09.2022.
Further Order
The Tribunal granted the appellant a final opportunity to file a replication/rejoinder to the respondent's reply and scheduled the next hearing for August 24, 2022.
Further Order
The Tribunal granted the appellant permission to file a replication/rejoinder against the respondent's reply and scheduled the next hearing for 14.07.2022.
Delay condonation
The Tribunal condoned a 37-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the appellant to file a replication/rejoinder before the next hearing on 04.05.2022.
Delay condonation
The Tribunal granted the respondent two weeks to file objections to the application for condonation of delay and grounds of appeal, and directed the appellant to remove registry defects before the next hearing on 25.03.2022.
Defect Removal
The Tribunal directed the appellant to remove defects 3 and 4 before the next hearing and ordered notice to be issued to the respondent via registered post and email.
Tribunal Order #0901126059702021-17-01-2024
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer and directed the filing of an amended memo of appeal.
Tribunal Order #0901126059702021-22-10-2024
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award interest for delay to an allottee who chose to continue in the project, as such matters fall under the exclusive purview of the Regulatory Authority.
Tribunal Order #0901126059702021-09-11-2022
The Tribunal allowed the appellant's adjournment application subject to a cost of Rs. 2400/-, half of which is to be deposited in the Tribunal's fund and the other half paid to the respondent's counsel.
Tribunal Order #0901126059702021-25-03-2022
The Tribunal condoned a 37-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the appellant to file a replication/rejoinder before the next hearing on 04.05.2022.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award interest for delay to an allottee who chose to continue in the project, as such matters fall under the exclusive purview of the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: SBI Home loan rate MCLR+ 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award interest for delay to an allottee who chose to continue in the project, as such matters fall under the exclusive purview of the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
SBI Home loan rate MCLR+ 1%
Interest Period
from 31.08.2015 to 18.08.2017
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Hridesh Srivastava
Official RERA Tribunal Orders (4)
The Tribunal allowed the appellant's application to amend the grounds of appeal to challenge the jurisdiction of the Adjudicating Officer and directed the filing of an amended memo of appeal.
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's order, ruling that the AO lacked jurisdiction to award interest for delay to an allottee who chose to continue in the project, as such matters fall under the exclusive purview of the Regulatory Authority.
The Tribunal allowed the appellant's adjournment application subject to a cost of Rs. 2400/-, half of which is to be deposited in the Tribunal's fund and the other half paid to the respondent's counsel.
The Tribunal condoned a 37-day delay in filing the appeal due to COVID-19 pandemic relaxations and directed the appellant to file a replication/rejoinder before the next hearing on 04.05.2022.
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