Appellant / Complainant
Lucknow Development Authority
Respondent
Himani Sanwal
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 0901126065382021 by Lucknow Development Authority against Himani Sanwal before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, it directed the transfer of deposited funds under Section 43(5) to the Regulatory Authority for disposal.
For Order
The Tribunal adjourned the appeal to 11.01.2023 for further orders due to the respondent's counsel being on sanctioned leave.
For Order
The Tribunal heard arguments from both parties and adjourned the appeal to 14.12.2022 for further arguments.
For Order
The Tribunal noted that pleadings have been exchanged between the parties and scheduled the appeal for a hearing on 25.11.2022.
For Order
The Tribunal granted adjournment applications filed by both parties and rescheduled the hearing for November 16, 2022.
For Order
The Tribunal granted the respondent time to file a reply to the grounds of appeal and scheduled the next hearing for October 20, 2022, alongside cross-appeal No. 568/2021.
Delay condonation
The Tribunal condoned the 121-day delay in filing the appeal by the Lucknow Development Authority, citing COVID-19 period relaxations, and directed the registry to register the appeal.
Hearing
The Tribunal directed the respondent to file their Vakalatnama and objections against the delay condonation application, scheduling the matter for August 24, 2022.
Hearing
The Tribunal issued a notice to the respondent and directed the appellant to serve the memo of appeal via speed post and file an affidavit of service before the next hearing on 13.07.2022.
Hearing
The Tribunal directed the applicant's counsel to file proof of compliance with Section 43(5) of the Act and serve a copy via email, adjourning the matter to 04.05.2022.
Defect Removal
The Tribunal directed the appellant to comply with Section 43(5) of the Act regarding mandatory deposits and to file an application for condonation of delay within 15 days.
Tribunal Order #0901126065382021-30-12-2022
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, it directed the transfer of deposited funds under Section 43(5) to the Regulatory Authority for disposal.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, it directed the transfer of deposited funds under Section 43(5) to the Regulatory Authority for disposal. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, it directed the transfer of deposited funds under Section 43(5) to the Regulatory Authority for disposal.
Ruling Awarded To
Respondent
Interest Period
from 27.04.2013 to 26.10.2016
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Atul Tripathi
Official RERA Tribunal Orders (1)
The U.P. Real Estate Appellate Tribunal rejected the appeals filed by the Lucknow Development Authority and ruled that complainants are entitled to interest as compensation for the excluded period (27.04.2013 to 26.10.2016) upon request. Additionally, it directed the transfer of deposited funds under Section 43(5) to the Regulatory Authority for disposal.
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