Appellant / Complainant
Sushma Shukla
Respondent
Lucknow Development Authority
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 0901126001122019 by Sushma Shukla against Lucknow Development Authority before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's order and ruled that a one-sided settlement cannot waive a promoter's statutory obligation to pay delay interest under Section 18(1) of the Act; consequently, the appellant is awarded interest at MCLR +1% from the promised completion date until physical possession.
Hearing
The matter is a part-heard appeal scheduled to be listed before Bench No. 2 on April 1, 2025.
Hearing
The Tribunal has adjourned the matter to 10.03.2025 to allow the appellant's counsel time to respond to arguments regarding a settlement and the waiver of delay interest.
Hearing
The Tribunal granted the respondent a final 24-hour extension to file a reply/case law and scheduled the appeal for a final hearing on March 4, 2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted the respondent time to reply to a cited judgment and scheduled the appeal for final hearing on March 3, 2025, with a strict warning against further adjournments.
For Order
Upon the request of the appellant's counsel, the tribunal has adjourned the appeal to be listed for hearing on 27.02.2025.
For Order
The Tribunal heard arguments from counsel for both parties and adjourned the matter for further hearing on 07.02.2025.
For Order
The Tribunal has scheduled the case for orders or hearing on February 5, 2025.
Hearing
The Tribunal heard arguments from both parties regarding the appeal and has reserved its judgment.
Hearing
The Tribunal granted a final opportunity to the respondent's counsel to prepare their brief and adjourned the matter to 30.08.2024 for hearing.
Hearing
The Tribunal granted an adjournment to the appellant's counsel to prepare a brief and rescheduled the hearing for July 12, 2024.
Hearing
The Tribunal granted a request for adjournment and rescheduled the appeal for hearing/orders on 21.05.2024.
Hearing
The Tribunal granted a request from the respondent's counsel to reschedule the hearing of the matter to 23.04.2024.
Hearing
The Tribunal granted a request from both parties' counsel to reschedule the hearing of Appeal-100/2019 to 18.04.2024.
Hearing
The Tribunal granted an adjournment to the respondent's counsel to research a specific legal issue regarding whether an undertaking not to raise disputes affects interest claims under Section 18(1), rescheduling the hearing to 20.03.2024.
Hearing
The Tribunal granted the respondent one week to file objections to the appellant's amended memo of appeal and scheduled the next hearing for 15.03.2024, noting that no further adjournments will be permitted due to the age of the case.
Hearing
The Tribunal allowed the appellant's application (IA No. 2456/2023) to amend the grounds and relief in the memo of appeal, directing specific timelines for filing amended copies and subsequent objections.
Hearing
The Tribunal adjourned the proceedings due to a call by the Bar Council of Uttar Pradesh for lawyers to abstain from judicial work, rescheduling the hearing for 26.10.2023.
Hearing
The Tribunal granted the appellant one week to file a fresh amendment application regarding the grounds of appeal and directed that a soft copy be provided to the respondent.
Hearing
Due to the non-appearance of the respondent (Lucknow Development Authority) despite prior warnings regarding counsel changes, the Tribunal decided to proceed ex-parte against them and scheduled an ex-parte hearing for 26.05.2023.
Hearing
The Tribunal adjourned the proceedings due to the absence of counsel for both parties and scheduled the next hearing for April 21, 2023.
Hearing
The Tribunal adjourned the matter due to lack of time and scheduled the appeal for hearing on 08.02.2023.
Further Order
The Tribunal reserved its judgment and directed both parties to file written submissions, including a list of dates and events and cited case law, within 15 days.
Hearing
The case is adjourned due to the counsel for the respondent being on sanctioned leave, with the next hearing scheduled for 01.11.2021.
Hearing on Amendment Application
The Tribunal granted a request for time to examine an amendment application and adjourned the appeal to 25.03.2021.
Hearing
The Tribunal corrected clerical errors regarding the names of the counsel for both the appellant and respondent and scheduled the appeal for hearing on 15.03.2021.
For Order
The Tribunal directed the Registry to locate a missing amendment application and scheduled the appeal for a subsequent hearing on 23.02.2021.
Hearing on Appeal
The Tribunal granted an adjournment request from the respondent's counsel due to personal reasons and rescheduled the appeal for hearing on 10.02.2021.
Tribunal Order #0901126001122019-01-04-2025
The Tribunal set aside the Regulatory Authority's order and ruled that a one-sided settlement cannot waive a promoter's statutory obligation to pay delay interest under Section 18(1) of the Act; consequently, the appellant is awarded interest at MCLR +1% from the promised completion date until physical possession.
Tribunal Order #0901126001122019-24-01-2024
The Tribunal allowed the appellant's application (IA No. 2456/2023) to amend the grounds and relief in the memo of appeal, directing specific timelines for filing amended copies and subsequent objections.
Tribunal Order #0901126001122019-21-04-2023
Due to the non-appearance of the respondent (Lucknow Development Authority) despite prior warnings regarding counsel changes, the Tribunal decided to proceed ex-parte against them and scheduled an ex-parte hearing for 26.05.2023.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and ruled that a one-sided settlement cannot waive a promoter's statutory obligation to pay delay interest under Section 18(1) of the Act; consequently, the appellant is awarded interest at MCLR +1% from the promised completion date until physical possession. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and ruled that a one-sided settlement cannot waive a promoter's statutory obligation to pay delay interest under Section 18(1) of the Act; consequently, the appellant is awarded interest at MCLR +1% from the promised completion date until physical possession.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
from 16.11.2013 till the date of physical possession of the unit (04.06.2019), and on the amount so computed, interest at MCLR+1% till the date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Atul Tripathi
Respondent Advocate(s)
- Abhishek Khare
Official RERA Tribunal Orders (3)
The Tribunal set aside the Regulatory Authority's order and ruled that a one-sided settlement cannot waive a promoter's statutory obligation to pay delay interest under Section 18(1) of the Act; consequently, the appellant is awarded interest at MCLR +1% from the promised completion date until physical possession.
The Tribunal allowed the appellant's application (IA No. 2456/2023) to amend the grounds and relief in the memo of appeal, directing specific timelines for filing amended copies and subsequent objections.
Due to the non-appearance of the respondent (Lucknow Development Authority) despite prior warnings regarding counsel changes, the Tribunal decided to proceed ex-parte against them and scheduled an ex-parte hearing for 26.05.2023.
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