Appellant / Complainant
Shaileshwar Nath Singh
Respondent
Lucknow Development Authority
₹49,50,000
Partial
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 0901126002762019 by Shaileshwar Nath Singh against Lucknow Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at MCLR+1% for the entire delay period from 14.09.2014 until the issuance of the Completion Certificate on 17.02.2020, rejecting the developer's claim that shifting high-tension wires constituted a force majeure event.
Hearing
The appellant challenges the Regulatory Authority's decision to grant a two-year extension for possession due to high-tension wire shifting, seeking interest for the delay period from 14.09.2014 until the receipt of the completion certificate on 17.02.2020.
Hearing
The Tribunal has adjourned the matter to 06.07.2023 for orders/hearing based on a joint request from both the appellant and the respondent's counsel.
Hearing
The Tribunal adjourned the matter due to the absence of respondent counsel and issued a warning that if no one appears on the next date, the case will proceed ex-parte against the Lucknow Development Authority.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence from the station and rescheduled the hearing for 21.04.2023.
Hearing
This text represents the header/caption of an appellate order from the U.P. Real Estate Appellate Tribunal regarding Appeal-268/2019 between Shaileshwar Nath Singh and Lucknow Development Authority; however, no substantive ruling or directive is contained in this specific excerpt.
Part Heard
The appellant challenges a Regulatory Authority order regarding the exclusion of a two-year period for interest calculations on delayed possession; the Tribunal has heard arguments from both parties and reserved its judgment.
Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the hearing for 12.10.2022.
Final Hearing
The Tribunal heard arguments regarding interest on a delay period but adjourned the matter to 06.09.2022 for further hearing as the respondent's counsel was unable to argue due to the absence of the case file.
Final Hearing
The Tribunal directed that the appeal be listed before Bench No. 2 on 08.08.2022 to determine if the matter is part-heard and to proceed accordingly.
Final Hearing
The Tribunal directed both parties to file and exchange concise written arguments with supporting judgments and scheduled the next hearing for 12.07.2022 regarding the appellant's claims for interest on delayed possession and benefits from increased flat density.
Final Hearing
The Tribunal granted an application for adjournment and rescheduled the hearing of Appeal-268/2019 to 20.05.2022.
Final Hearing
The Tribunal directed the parties to file a list of dates and events along with cited case laws and scheduled the matter for final arguments on 19.04.2022.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and rescheduled the hearing for 19.01.2022.
Final Hearing
The Tribunal granted the appellant one week to review documents filed by the respondent and directed that a response be filed via the e-portal before the next hearing on 07.01.2022.
Final Hearing
The Tribunal granted the respondent one week to comply with a previous order dated 16.10.2020 and scheduled the appeal for hearing on 14.12.2021.
Hearing
The Tribunal adjourned the appeal to 25.11.2021 and directed the respondent to ensure compliance with the previous order dated 16.10.2020 in the interim.
Hearing
The Tribunal granted the respondent's counsel one week to comply with the previous order dated 16.10.2020 and scheduled the next hearing for 28.10.2021.
Hearing
The Tribunal granted the respondent one week's time to ensure compliance with a previous order dated 16.10.2020 and scheduled the next hearing for 01.10.2021.
Hearing
The Tribunal granted the respondent a one-week extension to respond to a previous query and scheduled the next hearing for April 7, 2021.
Hearing
The Tribunal directed the Lucknow Development Authority to provide information regarding possession and conveyance deed formalities to the appellant and granted a final one-week deadline for the respondent to respond to previous queries regarding flat enhancement and common area cost calculations.
For Order
The appeal was adjourned to 23.02.2021 following a request for adjournment by the respondent's counsel due to illness.
Hearing
The Tribunal issued a notice to the respondent for 08.02.2021 and directed the appellant to serve the order via email, noting that the matter may proceed ex-parte if no one appears on the next date.
Tribunal Order #0901126002762019-17-07-2023
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at MCLR+1% for the entire delay period from 14.09.2014 until the issuance of the Completion Certificate on 17.02.2020, rejecting the developer's claim that shifting high-tension wires constituted a force majeure event.
Tribunal Order #0901126002762019-06-07-2023
The appellant challenges the Regulatory Authority's decision to grant a two-year extension for possession due to high-tension wire shifting, seeking interest for the delay period from 14.09.2014 until the receipt of the completion certificate on 17.02.2020.
Tribunal Order #0901126002762019-12-10-2022
The appellant challenges a Regulatory Authority order regarding the exclusion of a two-year period for interest calculations on delayed possession; the Tribunal has heard arguments from both parties and reserved its judgment.
Tribunal Order #0901126002762019-28-10-2021
The Tribunal adjourned the appeal to 25.11.2021 and directed the respondent to ensure compliance with the previous order dated 16.10.2020 in the interim.
Tribunal Order #0901126002762019-23-02-2021
The Tribunal directed the Lucknow Development Authority to provide information regarding possession and conveyance deed formalities to the appellant and granted a final one-week deadline for the respondent to respond to previous queries regarding flat enhancement and common area cost calculations.
Tribunal Order #0901126002762019-21-04-2023
The Tribunal adjourned the matter due to the absence of respondent counsel and issued a warning that if no one appears on the next date, the case will proceed ex-parte against the Lucknow Development Authority.
Tribunal Order #0901126002762019-20-05-2022
The Tribunal directed both parties to file and exchange concise written arguments with supporting judgments and scheduled the next hearing for 12.07.2022 regarding the appellant's claims for interest on delayed possession and benefits from increased flat density.
Tribunal Disposal & Final Award Ruling
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at MCLR+1% for the entire delay period from 14.09.2014 until the issuance of the Completion Certificate on 17.02.2020, rejecting the developer's claim that shifting high-tension wires constituted a force majeure event. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at MCLR+1% for the entire delay period from 14.09.2014 until the issuance of the Completion Certificate on 17.02.2020, rejecting the developer's claim that shifting high-tension wires constituted a force majeure event.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
from 14.09.2014 till 17.02.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- In Person
Respondent Advocate(s)
- Abhishek Khare
Official RERA Tribunal Orders (7)
The Tribunal modified the Regulatory Authority's order to grant the appellant interest at MCLR+1% for the entire delay period from 14.09.2014 until the issuance of the Completion Certificate on 17.02.2020, rejecting the developer's claim that shifting high-tension wires constituted a force majeure event.
The appellant challenges the Regulatory Authority's decision to grant a two-year extension for possession due to high-tension wire shifting, seeking interest for the delay period from 14.09.2014 until the receipt of the completion certificate on 17.02.2020.
The appellant challenges a Regulatory Authority order regarding the exclusion of a two-year period for interest calculations on delayed possession; the Tribunal has heard arguments from both parties and reserved its judgment.
The Tribunal adjourned the appeal to 25.11.2021 and directed the respondent to ensure compliance with the previous order dated 16.10.2020 in the interim.
The Tribunal directed the Lucknow Development Authority to provide information regarding possession and conveyance deed formalities to the appellant and granted a final one-week deadline for the respondent to respond to previous queries regarding flat enhancement and common area cost calculations.
The Tribunal adjourned the matter due to the absence of respondent counsel and issued a warning that if no one appears on the next date, the case will proceed ex-parte against the Lucknow Development Authority.
The Tribunal directed both parties to file and exchange concise written arguments with supporting judgments and scheduled the next hearing for 12.07.2022 regarding the appellant's claims for interest on delayed possession and benefits from increased flat density.
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