Appellant / Complainant
Kirti Srivastava
Respondent
Lucknow Development Authority
₹51,99,480
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 0901126003142019 by Kirti Srivastava against Lucknow Development Authority before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the appeal, ruling that the two-year 'force majeure' concession granted to the LDA was unjustified and directing the respondent to pay interest at MCLR+1% from the original possession due date (14.09.2014) until the receipt of the Completion/Occupation Certificate on 17.02.2020.
Hearing
The Tribunal heard arguments from both the appellant and respondent regarding delays in possession and force majeure claims, but reserved judgment for a later date.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for a hearing on 12.09.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 18.08.2022.
Hearing
The Tribunal adjourned the appeal due to the respondent's counsel being on leave and directed the respondent to upload their list of dates and events to the e-Portal.
Hearing
The Tribunal noted the absence of the appellant and directed the appellant's counsel to file a list of dates, events, and relied-upon cases before the next hearing scheduled for 19.05.2021.
Hearing
The Tribunal directed the parties to exchange lists of dates, events, and relied-upon cases before the next hearing, which is scheduled for 18.04.2022.
Further Order
The Tribunal directed the parties to file and exchange a list of dates and events and scheduled the matter for further orders on 17.01.2022.
Final Hearing
The Tribunal granted an adjournment requested by the appellant and rescheduled the case for further orders on 14.12.2021.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for hearing on 25.11.2021 at the request of the appellant.
Hearing
The Tribunal granted the respondent a one-week extension to submit photographs of the apartment and adjourned the matter to 28.10.2021.
Hearing
The Tribunal directed the respondent to file photographs of the apartment within a week and permitted the appellant to submit unit photographs via affidavit, while considering the appointment of an Advocate Commissioner for inspection.
Hearing
The Tribunal granted a request to reschedule the hearing of Appeal-142/2019 to 07.04.2021 and directed both parties to file their list of dates and relied-upon judgments in advance.
Hearing on Appeal
The Tribunal corrected the names of the counsel for both the appellant and respondent in the record and scheduled the appeal for hearing on 15.03.2021.
Hearing on Appeal
The Tribunal corrected the counsel's name in the registry records and granted an adjournment requested by the respondent's counsel, rescheduling the matter for 23.02.2021.
Tribunal Order #0901126003142019-27-09-2022
The Tribunal partially allowed the appeal, ruling that the two-year 'force majeure' concession granted to the LDA was unjustified and directing the respondent to pay interest at MCLR+1% from the original possession due date (14.09.2014) until the receipt of the Completion/Occupation Certificate on 17.02.2020.
Tribunal Order #0901126003142019-15-09-2021
The Tribunal directed the respondent to file photographs of the apartment within a week and permitted the appellant to submit unit photographs via affidavit, while considering the appointment of an Advocate Commissioner for inspection.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the appeal, ruling that the two-year 'force majeure' concession granted to the LDA was unjustified and directing the respondent to pay interest at MCLR+1% from the original possession due date (14.09.2014) until the receipt of the Completion/Occupation Certificate on 17.02.2020. Awarded in favor of Partial. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the appeal, ruling that the two-year 'force majeure' concession granted to the LDA was unjustified and directing the respondent to pay interest at MCLR+1% from the original possession due date (14.09.2014) until the receipt of the Completion/Occupation Certificate on 17.02.2020.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR + 1%
Interest Period
from 14.09.2014 till the receipt of OC/CC (i.e. 17.02.2020)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shaileshwar Nath Singh
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (2)
The Tribunal partially allowed the appeal, ruling that the two-year 'force majeure' concession granted to the LDA was unjustified and directing the respondent to pay interest at MCLR+1% from the original possession due date (14.09.2014) until the receipt of the Completion/Occupation Certificate on 17.02.2020.
The Tribunal directed the respondent to file photographs of the apartment within a week and permitted the appellant to submit unit photographs via affidavit, while considering the appointment of an Advocate Commissioner for inspection.
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