Appellant / Complainant
Ajay Kumar Pandey, Amita Pandey
Respondent
Shalimar Corp Ltd.
shalimar corp ltd.
₹1,00,00,000
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 0901126063142022 by Ajay Kumar Pandey, Amita Pandey against Shalimar Corp Ltd. before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside the Adjudicating Officer's dismissal of the complaint and directed the respondent to pay Rs. 1,09,235 in compensation for seepage-related repairs, rectify structural and amenity defects within 30 days, and pay Rs. 20,000 in litigation costs.
Further Hearing
The Tribunal heard arguments from both the appellant and respondent and has reserved its judgment for a later date.
Further Hearing
Upon the joint request of both parties, the Tribunal has scheduled the appeal for a final hearing on September 10, 2025.
Further Hearing
The Tribunal granted the respondent a 10-day extension to file objections to an inspection report and directed the appellant to reply within one week thereafter.
Further Hearing
The Tribunal acknowledged the filing of a site commission report and granted the parties 10 days to file objections before scheduling the next hearing for August 25, 2025.
Further Hearing
The Tribunal directed the Advocate Commissioner to upload the inspection report on the portal within three days and scheduled the next hearing for August 4, 2025.
Further Hearing
The Tribunal directed that the site inspection report be shared with the parties and uploaded to the portal for filing objections, with the matter listed for hearing on 18.07.2025.
Further Hearing
The Tribunal directed that a duly constituted committee, including an engineer nominated by the PWD, shall carry out a site inspection on 17.05.2025 at 11:00 A.M.
Further Hearing
The appeal was adjourned to 28.04.2025 because lawyers were abstaining from judicial work following a resolution by the Real Estate Bar Association, Lucknow.
Further Hearing
The Tribunal issued a show cause notice to the Engineer-in-Chief of the Public Works Department for non-cooperation and failure to comply with previous judicial orders.
Further Hearing
The Tribunal issued a show cause notice to the Chief Engineer of the Public Works Department, Lucknow, for non-compliance with previous orders and interference with judicial proceedings by failing to nominate an Assistant Engineer.
Further Hearing
The Tribunal rescheduled the site inspection to 08.02.2025 because the Assistant Engineer, P.W.D., Lucknow was unavailable during the previously directed time.
Further Hearing
The Tribunal has ordered the constitution of an independent committee, including an Advocate Commissioner and a PWD Engineer, to conduct a physical inspection of the project site on 11.01.2025 to investigate alleged structural defects and missing amenities.
Further Hearing
The Tribunal adjourned the appeal to 25.11.2024 at the request of the respondent's counsel and directed the parties to exchange any pending pleadings in the interim.
Hearing
The Tribunal granted a request from the respondent's counsel for more time to prepare arguments and adjourned the matter to 16.10.2024.
Hearing
The Tribunal granted an adjournment due to the illness of the appellant's counsel and rescheduled the hearing for September 10, 2024.
Hearing
The Tribunal granted a final adjournment to the respondent's counsel to prepare their brief and scheduled the next hearing for August 7, 2024.
Hearing
The Tribunal has adjourned the appeal to 08.07.2024 following a joint request from the counsels for both parties.
Hearing
The Tribunal granted the respondent's counsel time to prepare his brief and scheduled the appeal for a hearing on May 2, 2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and scheduled the appeal for hearing on 02.04.2024.
Hearing
The Tribunal noted requests for adjournment from both parties and ordered the defective appeal to be listed on 28.02.2024 for hearing on the application for condonation of delay.
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 granted a request from the respondent's counsel for more time to examine objections and adjourned the hearing of the appeal to 05.09.2023.
Hearing
The Tribunal directed the Registry to convert the defective appeal into a regular appeal upon verification that all indicated defects have been removed and noted the next hearing date as 14.07.2023.
Notice
The Tribunal granted the respondent 10 days to file objections to the appeal and directed the parties to exchange electronic copies of their replies before the next hearing on 22.03.2023.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural steps for service of the memo of appeal and exchange of objections before the next hearing on 14.02.2023.
Tribunal Order #0901126063142022-10-12-2025
The Appellate Tribunal set aside the Adjudicating Officer's dismissal of the complaint and directed the respondent to pay Rs. 1,09,235 in compensation for seepage-related repairs, rectify structural and amenity defects within 30 days, and pay Rs. 20,000 in litigation costs.
Tribunal Order #0901126063142022-18-03-2025
The Tribunal issued a show cause notice to the Engineer-in-Chief of the Public Works Department for non-cooperation and failure to comply with previous judicial orders.
Tribunal Order #0901126063142022-18-02-2025
The Tribunal issued a show cause notice to the Chief Engineer of the Public Works Department, Lucknow, for non-compliance with previous orders and interference with judicial proceedings by failing to nominate an Assistant Engineer.
Tribunal Order #0901126063142022-25-11-2024
The Tribunal has ordered the constitution of an independent committee, including an Advocate Commissioner and a PWD Engineer, to conduct a physical inspection of the project site on 11.01.2025 to investigate alleged structural defects and missing amenities.
Tribunal Order #0901126063142022-28-04-2025
The Tribunal directed that a duly constituted committee, including an engineer nominated by the PWD, shall carry out a site inspection on 17.05.2025 at 11:00 A.M.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Adjudicating Officer's dismissal of the complaint and directed the respondent to pay Rs. 1,09,235 in compensation for seepage-related repairs, rectify structural and amenity defects within 30 days, and pay Rs. 20,000 in litigation costs. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Adjudicating Officer's dismissal of the complaint and directed the respondent to pay Rs. 1,09,235 in compensation for seepage-related repairs, rectify structural and amenity defects within 30 days, and pay Rs. 20,000 in litigation costs.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
till the date of actual payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Harish Pandey
- Aahuti Agarwal
- Isha Asthana
Respondent Advocate(s)
- Anurag Singh
- Harit Mishra
Official RERA Tribunal Orders (5)
The Appellate Tribunal set aside the Adjudicating Officer's dismissal of the complaint and directed the respondent to pay Rs. 1,09,235 in compensation for seepage-related repairs, rectify structural and amenity defects within 30 days, and pay Rs. 20,000 in litigation costs.
The Tribunal issued a show cause notice to the Engineer-in-Chief of the Public Works Department for non-cooperation and failure to comply with previous judicial orders.
The Tribunal issued a show cause notice to the Chief Engineer of the Public Works Department, Lucknow, for non-compliance with previous orders and interference with judicial proceedings by failing to nominate an Assistant Engineer.
The Tribunal has ordered the constitution of an independent committee, including an Advocate Commissioner and a PWD Engineer, to conduct a physical inspection of the project site on 11.01.2025 to investigate alleged structural defects and missing amenities.
The Tribunal directed that a duly constituted committee, including an engineer nominated by the PWD, shall carry out a site inspection on 17.05.2025 at 11:00 A.M.
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