Appellant / Complainant
Lucknow Development Authority
Respondent
Nitin Verma
Respondent
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 0901126060482021 by Lucknow Development Authority against Nitin Verma before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to provide possession and pay interest at MCLR+1% p.a. for delayed delivery. The Tribunal further directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Hearing
The court heard arguments from the counsel for both the appellant and respondent, but the judgment has been reserved.
Hearing
The matter was adjourned to the following day at the request of the appellant's counsel and is scheduled for hearing on 17.08.2023.
Hearing
The Tribunal granted the Lucknow Development Authority 10 days to file a Vakalatnama for their counsel and scheduled the appeal for hearing on August 16, 2023.
Hearing
The Tribunal dismissed the appeal for want of prosecution due to the Lucknow Development Authority's failure to nominate a new counsel following the resignation of their previous panel lawyer.
Hearing
The Tribunal has adjourned the matter and scheduled the appeal for a hearing on 08.02.2023.
For Order
The court heard arguments from both parties and reserved the judgment for a later date.
For Order
The Tribunal directed the appellant to file a list of dates and events and scheduled the appeal for hearing on 22.09.2022.
Hearing
The Tribunal directed the parties to exchange and submit a list of dates, events, and relied-upon judgments within 20 days and scheduled the appeal for hearing on 25.08.2022.
Hearing
The Tribunal granted the appellant permission to file a replication/rejoinder to the respondent's reply and scheduled the next hearing for July 15, 2022.
Further Order
The Tribunal condoned the 82-day delay in filing the appeal due to COVID-19 pandemic relaxations granted by the Supreme Court and directed the registry to register the appeal, while ordering the respondent to file a reply.
Rest deposit Amount under 43(5) of the Act
The Tribunal granted the appellant one week to comply with Section 43(5) of the Act and warned that failure to achieve complete compliance by the next hearing on 14.03.2022 may result in the dismissal of the appeal.
Defect Removal
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act, 2016, and scheduled the next hearing for January 17, 2022.
Tribunal Order #0901126060482021-22-08-2023
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to provide possession and pay interest at MCLR+1% p.a. for delayed delivery. The Tribunal further directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126060482021-17-03-2023
The Tribunal dismissed the appeal for want of prosecution due to the Lucknow Development Authority's failure to nominate a new counsel following the resignation of their previous panel lawyer.
Tribunal Order #0901126060482021-29-03-2022
The Tribunal condoned the 82-day delay in filing the appeal due to COVID-19 pandemic relaxations granted by the Supreme Court and directed the registry to register the appeal, while ordering the respondent to file a reply.
Tribunal Order #0901126060482021-25-02-2022
The Tribunal granted the appellant one week to comply with Section 43(5) of the Act and warned that failure to achieve complete compliance by the next hearing on 14.03.2022 may result in the dismissal of the appeal.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to provide possession and pay interest at MCLR+1% p.a. for delayed delivery. The Tribunal further directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to provide possession and pay interest at MCLR+1% p.a. for delayed delivery. The Tribunal further directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1% p.a.
Interest Period
from 01.09.2014 till the date of issuance of OC/CC for the project or till the date of issuance of letter for registry by the promoter to the allottee i.e. 18.07.2019, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Rahul Singh
Official RERA Tribunal Orders (4)
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to provide possession and pay interest at MCLR+1% p.a. for delayed delivery. The Tribunal further directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal dismissed the appeal for want of prosecution due to the Lucknow Development Authority's failure to nominate a new counsel following the resignation of their previous panel lawyer.
The Tribunal condoned the 82-day delay in filing the appeal due to COVID-19 pandemic relaxations granted by the Supreme Court and directed the registry to register the appeal, while ordering the respondent to file a reply.
The Tribunal granted the appellant one week to comply with Section 43(5) of the Act and warned that failure to achieve complete compliance by the next hearing on 14.03.2022 may result in the dismissal of the appeal.
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