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UP-RERA & Appellate Tribunal

RERA Advocate & Real Estate Lawyer in Lucknow

Delayed possession or a broken booking promise? We take it to UP-RERA.

Our real estate advocates and lawyers represent homebuyers and developers in Lucknow. We handle builder-buyer disputes, possession delay and compensation claims, and RERA appeals.

8+Years practising before UP-RERA
100+RERA & builder-buyer matters handled
Adv. Jitendra Tiwari, RERA lawyer in Lucknow
RERA Practice Lead
Adv. Jitendra Tiwari
Director, Sumanjari & Co. Advocates · B.A. LL.B (Hons.)

Over 8 years of practice before the Allahabad High Court, Lucknow Bench

UP-RERA • RERA Appellate Tribunal • Allahabad High Court, Lucknow Bench

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Why Clients Choose Us

A Named Advocate on Every Matter

Your case is handled by an identified advocate of the firm — not an anonymous call-centre or intake desk.

Clear Scope, Discussed Upfront

Strategy, likely outcomes, and the stage-by-stage plan are explained before you engage — no vague promises.

UP-RERA · REAT · High Court

Representation across the full lifecycle — from the Authority to the Appellate Tribunal to the Allahabad High Court, Lucknow Bench.

Real Estate Lawyer for RERA & Builder-Buyer Disputes

Real estate disputes under the Real Estate (Regulation and Development) Act, 2016 can be complex and drawn out — whether the issue is a delayed handover, a disputed project registration, or a builder who has fallen short of the commitments made at booking. We represent both individual homebuyers and institutional clients before UP-RERA and the RERA Appellate Tribunal.

We handle the full range of builder-buyer disputes, delayed possession claims, project registration and compliance matters, and appeals — with the aim of securing possession, compensation, or refund at the earliest possible stage, and pursuing appellate or execution remedies where required. This practice serves homebuyers and developers with real estate matters in Lucknow.

A RERA advocate reviews the builder-buyer agreement, promised possession date, payment receipts, project registration details, and correspondence with the developer to assess the available remedies. Our real estate lawyers assist with preparing complaints, presenting supporting documents, responding to the other party, and pursuing appeals or enforcement of orders where appropriate. The relief available depends on the facts, the agreement, and the applicable law; no particular outcome is guaranteed.

For ownership, title verification, partition, sale deeds, or land disputes outside the RERA context, see our property and land legal services.

Where We Represent

Our chambers are based at Block D-311, Allahabad High Court, Lucknow Bench. We represent homebuyers and developers in Lucknow before UP-RERA and in appeals before the RERA Appellate Tribunal. For an initial review, bring your builder-buyer agreement, payment records, the promised possession date, and correspondence with the developer so the relevant documents and next steps can be assessed.

Types of RERA Matters We Handle

Builder-Buyer Disputes

  • Legal support for buyers facing delayed possession, faulty construction, or non-delivery of promised amenities
  • Filing complaints against builders and developers for non-compliance with RERA guidelines and the sale agreement
  • Refund of booking amounts, interest on delayed payments, and compensation claims

Possession Delay & Compensation

  • Legal recourse where possession is delayed beyond the timeline committed in the agreement
  • Claims for interest, refunds, and compensation for delayed delivery
  • Resolving disputes linked to missing occupancy certificates and pending approvals

Project Registration & Compliance

  • Advisory to builders and developers on registering projects under UP-RERA
  • Ensuring ongoing compliance with RERA rules to avoid penalties and enforcement action
  • Complaints for non-registration of projects and other violations of RERA norms

Construction Defects & Quality

  • Representation where construction quality, materials, or specifications fall short of what was promised
  • Claims for rectification of defects or compensation in lieu of repair

RERA Appeals & Dispute Resolution

  • Appeals before the UP Real Estate Appellate Tribunal against orders of the Authority, within the 60-day limitation period under Section 44(2)
  • Advising promoters on the mandatory 30% pre-deposit required under Section 43(5) before a promoter’s appeal is entertained
  • Representation in mediation and settlement discussions with builders and developers, and execution of RERA orders before the Authority and Tribunal

Developer-Side Advisory

  • Guidance for developers on structuring agreements to stay within RERA norms
  • Responding to buyer complaints and Authority notices
  • Compliance advisory to reduce exposure to penalties and project delays

Key Issues We Advise On

  • Builder defaults and breach of the builder-buyer agreement
  • Compensation and refund claims for delayed or defective possession
  • Delayed or stalled real estate projects
  • Non-registration of projects and other RERA violations
  • Substandard construction and non-compliance with agreed specifications

Our Approach

We begin with a confidential consultation to understand the facts and documentation, followed by clear advice on the likely outcomes and the strategy best suited to your matter. Where possible, we work towards a negotiated or mediated resolution with the builder or developer — but we are fully prepared to pursue the matter through UP-RERA, the Appellate Tribunal, and execution proceedings where necessary.

Know Your Rights

Your RERA Rights, in Plain Terms

The statutory basics that decide most builder-buyer matters — the same provisions we argue before UP-RERA and the Appellate Tribunal.

Possession Delay & Refund — Section 18

If possession is not given by the date in the builder-buyer agreement, the buyer may claim interest for every month of delay, or withdraw and seek a full refund with interest under Section 18.

Interest Rate on Delay

Delay interest is calculated at the prescribed rate — the State Bank of India’s highest marginal cost of lending rate (MCLR) plus the margin set under the RERA rules — applied to the amount the buyer has paid. We confirm the exact rate applied in your matter.

60-Day Appeal Window — Section 44(2)

An appeal against an order of the Authority must be filed before the RERA Appellate Tribunal within 60 days of the order under Section 44(2).

Promoter Pre-Deposit — Section 43(5)

Where a promoter appeals, Section 43(5) requires a pre-deposit of at least 30% of the penalty, or the total amount to be paid to the buyer, before the appeal is entertained.

Carpet Area & Amenities

RERA fixes liability on the price of carpet area and on the amenities promised in the sanctioned plan — shortfalls between the brochure and delivery are actionable.

Execution of RERA Orders

A RERA order that is not complied with can be executed as a recovery certificate through the District Magistrate, with further remedies before the High Court where required.

General information on the law, not legal advice on your specific matter. Outcomes depend on the facts and documents in each case.

The Way We Work

A clear, structured process from first consultation to resolution.

Step 1

Private Consultation

We begin with a confidential discussion of your matter, understanding the facts and your expectations while safeguarding your privacy.

Step 2

In-Depth Case Review

Every document and detail is carefully examined so we can assess the strengths, risks, and best possible legal routes for you.

Step 3

Strategy & Drafting

A clear, customised strategy is prepared and precise pleadings are drafted to present your case strongly before the court or authority.

Step 4

Focused Representation

We represent you with preparation and clarity, ensuring timely filings, effective arguments, and regular updates on each hearing.

Step 5

Resolution & Ongoing Support

Even after the matter is resolved, we guide you on next steps, compliance, and any further legal support you may require.

From Our Desk

RERA Insights

Common questions homebuyers and developers bring to us — drawn from our RERA practice in Lucknow.

How to File a Complaint Before UP-RERA

A UP-RERA complaint is filed online on the prescribed form with the requisite fee, supported by the builder-buyer agreement, payment receipts, and correspondence evidencing the delay or default. Once admitted, the Authority can order interest, refund, or compensation to the buyer.

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What Counts as 'Possession Delay' Under RERA?

Possession delay under RERA is measured from the date committed in the builder-buyer agreement, not marketing brochures. Once that date passes without a valid occupancy certificate, the buyer can claim monthly interest on the amount paid, or withdraw and seek a full refund with interest under Section 18.

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Builder-Buyer Disputes: Documents You Will Need

A RERA builder-buyer complaint is strongest with the allotment letter, the sale or builder-buyer agreement, the payment schedule, demand and payment receipts, and the project’s RERA registration or occupancy-certificate details. These establish the committed timeline and the amount paid, on which interest and compensation are calculated.

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RERA Appeals: What Is the Time Limit and Pre-Deposit?

An appeal to the RERA Appellate Tribunal must be filed within 60 days of the Authority’s order under Section 44(2). Where the promoter appeals, Section 43(5) requires a pre-deposit of at least 30% of the penalty or amount due to the buyer before the appeal is entertained.

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How Do I Choose the Right Advocate for a RERA Case?

Rather than searching for a "best RERA advocate" by ranking alone, check that the advocate regularly appears before UP-RERA and the Appellate Tribunal, is named and identifiable on your matter, and explains the likely strategy and outcomes before you engage — these are the factors that actually decide a RERA case.

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Do I Need a RERA Lawyer Near Me, or Can I Hire One From Another City?

A RERA complaint is filed before the Authority in the state where the project is located, so an advocate familiar with UP-RERA practice and the local Appellate Tribunal is generally better placed than searching only for a "RERA lawyer near me" by distance — what matters is regular appearance before the forum handling your matter.

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From Our Desk

RERA Blogs

Short reads on the practical side of RERA disputes and compliance.

UP-RERA Complaint Process, Explained Step-by-Step

UP-RERA Complaint Process, Explained Step-by-Step

File UP-RERA complaints online via Form M/N.

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The Bank Subvention & No-EMI Till Possession Trap

The Bank Subvention & No-EMI Till Possession Trap

TRIPARTITE RISKS, RBI RULES & HIGH COURT RELIEF

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The Fake RERA Registration & Pre-Launch Booking Trap

The Fake RERA Registration & Pre-Launch Booking Trap

SECTION 3 PROHIBITIONS & ADVANCE TOKEN RECOVERY

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The One-Sided BBA Signing Trap & Interest Parity

The One-Sided BBA Signing Trap & Interest Parity

SUPREME COURT PRECEDENTS & SECTION 2(ZA)(II) PARITY

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The Arbitrary Layout Alteration Trap (Section 14)

The Arbitrary Layout Alteration Trap (Section 14)

SANCTIONED MAPS, 2/3RD CONSENT & SUPERTECH PRECEDENT

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The Fit-Out & Key Handover Trap

The Fit-Out & Key Handover Trap

PROTECTING DELAY COMPENSATION & WAIVER CLAUSES

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The 5-Year Structural Defect & Maintenance Trap

The 5-Year Structural Defect & Maintenance Trap

SECTION 14(3) LIABILITY & BUILDER WARRANTIES

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Filing the First UP RERA Complaint

Filing the First UP RERA Complaint

FORUM SELECTION & PORTAL TRAPS

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The Core Dilemma: Full Refund vs Delay Interest

The Core Dilemma: Full Refund vs Delay Interest

SECTION 18 STATUTORY REMEDIES & STRATEGIC CHOICE

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Regulatory Authority vs Adjudicating Officer

Regulatory Authority vs Adjudicating Officer

THE LANDMARK NEWTECH BIFURCATION RULE

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Execution Step 1: Initiating UP RERA Execution

Execution Step 1: Initiating UP RERA Execution

SECURING THE RECOVERY CERTIFICATE (RC)

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Execution Step 3: High Court Writs of Mandamus

Execution Step 3: High Court Writs of Mandamus

CONTEMPT PROCEEDINGS AGAINST INACTIVE DMS

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Execution Step 4: Overcoming NCLT & SARFAESI

Execution Step 4: Overcoming NCLT & SARFAESI

IBC MORATORIUMS & BANK MORTGAGE CONFLICTS

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Appellate Step 1: Inside the UP REAT

Appellate Step 1: Inside the UP REAT

THE 60-DAY APPEAL TRAP & LIMITATION STRATEGIES

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Appellate Step 2: The Pre-Deposit Shield

Appellate Step 2: The Pre-Deposit Shield

SECTION 43(5) MANDATORY 100% BUILDER DEPOSIT

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Appellate Step 3: Interlocutory Warfare

Appellate Step 3: Interlocutory Warfare

RELEASING PRE-DEPOSITED FUNDS & DEFEATING STAYS

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High Court Step 1: Section 58 Appeal vs Article 226 Writ

High Court Step 1: Section 58 Appeal vs Article 226 Writ

STATUTORY APPEAL VS CONSTITUTIONAL REMEDIES

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High Court Step 2: The Territorial Chessboard

High Court Step 2: The Territorial Chessboard

LUCKNOW BENCH VS ALLAHABAD PRINCIPAL SEAT JURISDICTION

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High Court Step 3: The Substantial Question of Law Filter

High Court Step 3: The Substantial Question of Law Filter

JURISPRUDENTIAL STANDARDS & EVIDENTIARY THRESHOLDS

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High Court Step 4: Crushing Delay Tactics

High Court Step 4: Crushing Delay Tactics

SECURING PUNITIVE COSTS & VACATING STAYS

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The Supreme Court Phase: Special Leave Petitions

The Supreme Court Phase: Special Leave Petitions

ARTICLE 136 JURISPRUDENCE & DEFENDING YOUR DECREE

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The Stalled Registry Crisis: Tripartite Sub-Lease Deeds

The Stalled Registry Crisis: Tripartite Sub-Lease Deeds

AMITABH KANT COMMITTEE PACKAGE & OVERCOMING AUTHORITY DUES

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The Multi-Forum Strategic Playbook

The Multi-Forum Strategic Playbook

SYNCHRONIZING UP RERA, NCLT, NCDRC & HIGH COURT WRITS

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The Homebuyer's Master Negotiation & Settlement Playbook

The Homebuyer's Master Negotiation & Settlement Playbook

DRAFTING BULLETPROOF CONSENT DECREES & DEFAULT TRAPS

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Best RERA Lawyer in Lucknow: Why Sumanjari & Co. Advocates is the Premier Choice for Real Estate Disputes

Best RERA Lawyer in Lucknow: Why Sumanjari & Co. Advocates is the Premier Choice for Real Estate Disputes

WHY WE ARE THE BEST RERA ADVOCATES IN LUCKNOW

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Facing a RERA Dispute?

Speak with our team about your builder-buyer dispute, possession delay, or project compliance matter in Lucknow. We represent clients before UP-RERA, the RERA Appellate Tribunal, and the Allahabad High Court, Lucknow Bench, as appropriate to the matter.

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