up_reraStatus: Completed
CASE ID: 0901126059962022

Appellant / Complainant

Sarika

VS

Respondent

Lucknow Development Authority

Disputed Amount

23,63,000

Disposal Award

Respondent

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Legal Issues & Claims Raised

Delay in PossessionDelay Compensation / InterestStructural Defects & QualityPromotional MisrepresentationJurisdiction & Maintainability

Case Procedural History & Progression Tree

Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.

23 Milestones
Filing Phase

Complaint Filing & Dispute Registration

Complaint registered under Case ID 0901126059962022 by Sarika against Lucknow Development Authority before up_rera.

Delay in PossessionDelay Compensation / InterestStructural Defects & QualityPromotional MisrepresentationJurisdiction & Maintainability
2
Stage 104/09/2024

for delivery of Judgment/Order

The Tribunal set aside the Adjudicating Officer's orders because it ruled that the officer exceeded jurisdiction by granting 'compensation' instead of 'interest' for delay in possession, and determined that farmer agitations did not constitute force majeure.

3
Stage 204/07/2024

Hearing

The Tribunal heard arguments from both parties regarding Appeal-736/2022 and Cross Appeal No. 760/2022, subsequently reserving judgment on the matter.

4
Stage 302/07/2024

Hearing

The Tribunal granted a request by the appellant's counsel to list this appeal alongside cross-appeal No. 760/2022 on 04.07.2024.

5
Stage 402/05/2024

Hearing

The Tribunal granted an adjournment requested by the respondent's counsel due to a conflicting appearance at the High Court and rescheduled the hearing for July 2, 2024.

6
Stage 503/04/2024

Hearing

The Tribunal has scheduled the appeal for a hearing on May 2, 2024, following an update from the respondent's counsel that the matter is ripe for hearing.

7
Stage 629/02/2024

Hearing

The Tribunal has ordered the appeal to be listed for a hearing on 03.04.2024.

8
Stage 719/01/2024

Hearing

The Tribunal granted a request for adjournment from both parties and rescheduled the hearing to 29.02.2024, directing the parties to exchange pleadings in the interim.

9
Stage 817/10/2023

Hearing

No text available.

10
Stage 911/09/2023

Hearing

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.

11
Stage 1009/08/2023

Hearing

The Tribunal granted an adjournment requested by the respondent's counsel on personal grounds and rescheduled the hearing to 11.09.2023, with a directive that no further adjournments will be permitted on that date.

12
Stage 1129/05/2023

For Order

The Tribunal granted the respondent 10 days to file objections to the grounds of appeal and scheduled the next hearing for August 9, 2023.

13
Stage 1218/04/2023

For Order

The proceedings for Appeal-736/2022 were adjourned due to the respondent's counsel being out of station, with the matter rescheduled for hearing on 29.05.2023.

14
Stage 1302/03/2023

For Order

The Tribunal granted the respondent 10 days to file objections to the appeal and directed both parties to exchange copies via email and upload documents to the e-portal before the next hearing on 18.04.2023.

15
Stage 1430/01/2023

For Order

The Tribunal granted a final 10-day extension to the Lucknow Development Authority to file objections, warning that failure to appear or file will result in the matter proceeding ex-parte.

16
Stage 1520/12/2022

For Order

The Tribunal granted a 10-day extension to the respondent for filing objections to the grounds of appeal and directed that failure to comply may result in ex-parte proceedings on the next date.

17
Stage 1623/11/2022

For Order

The Tribunal treated the service of notice as sufficient due to delivery via post and email, while granting the respondent a 10-day extension to file objections.

18
Stage 1716/11/2022

For Order

The Tribunal granted the appellant three days to file an affidavit of service and scheduled the appeal for orders on 23.11.2022.

19
Stage 1811/10/2022

Admission

The Tribunal issued a notice to the respondent and outlined the procedural requirements for service of notice and filing of objections/replies before the next hearing on 16.11.2022.

20
Stage 19Final Ruling Order

Tribunal Order #0901126059962022-04-09-2024

The Tribunal set aside the Adjudicating Officer's orders because it ruled that the officer exceeded jurisdiction by granting 'compensation' instead of 'interest' for delay in possession, and determined that farmer agitations did not constitute force majeure.

21
Stage 20Interim Order

Tribunal Order #0901126059962022-04-07-2024

The Tribunal heard arguments from both parties regarding Appeal-736/2022 and Cross Appeal No. 760/2022, subsequently reserving judgment on the matter.

22
Stage 21Interim Order

Tribunal Order #0901126059962022-30-01-2023

The Tribunal granted a final 10-day extension to the Lucknow Development Authority to file objections, warning that failure to appear or file will result in the matter proceeding ex-parte.

Disposal Phase

Tribunal Disposal & Final Award Ruling

The Tribunal set aside the Adjudicating Officer's orders because it ruled that the officer exceeded jurisdiction by granting 'compensation' instead of 'interest' for delay in possession, and determined that farmer agitations did not constitute force majeure. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.

Disposal Winner: RespondentInterest Rate: MCLR+1%Status: Completed

Final Tribunal Order & Ruling Verdict Summary

Official Ruling Summary

The Tribunal set aside the Adjudicating Officer's orders because it ruled that the officer exceeded jurisdiction by granting 'compensation' instead of 'interest' for delay in possession, and determined that farmer agitations did not constitute force majeure.

Ruling Awarded To

Respondent

Awarded Interest Rate

MCLR+1%

Interest Period

from 31.05.2012 till 12.02.2019 (except from 27.04.2013 to 26.10.2016)

Verified Tribunal DocumentationDownload Official Final Tribunal Order PDF

Statutory Sections Cited (RERA Act 2016)

Section 18(1)Section 14(3)Section 12Section 3Section 79

Appearing Legal Counsel & Advocates

Appellant Advocate(s)

  • Atul Tripathi

Respondent Advocate(s)

  • Abhishek Khare

Official RERA Tribunal Orders (3)

FINAL_ORDEROrder ID: 0901126059962022-04-09-2024

The Tribunal set aside the Adjudicating Officer's orders because it ruled that the officer exceeded jurisdiction by granting 'compensation' instead of 'interest' for delay in possession, and determined that farmer agitations did not constitute force majeure.

INTERIM_ORDEROrder ID: 0901126059962022-04-07-2024

The Tribunal heard arguments from both parties regarding Appeal-736/2022 and Cross Appeal No. 760/2022, subsequently reserving judgment on the matter.

INTERIM_ORDEROrder ID: 0901126059962022-30-01-2023

The Tribunal granted a final 10-day extension to the Lucknow Development Authority to file objections, warning that failure to appear or file will result in the matter proceeding ex-parte.

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