Appellant / Complainant
Lucknow Development Authority
Respondent
Ashish Mehrotra
₹9,45,000
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 0901126012912022 by Lucknow Development Authority against Ashish Mehrotra before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders in both appeals, ruling that the officer lacked jurisdiction to grant interest for delayed possession in the form of compensation when the allottees chose to remain in the project rather than withdraw.
For Order
The Tribunal condoned a 50-day delay in filing the appeal, ruling that since the challenge involves the Adjudicating Officer's jurisdiction to grant delay interest—a matter going to the root of the case—the delay should be excused to allow for a decision on merits.
For Order
The Tribunal granted the appellant's request to list the appeal for an ex-parte hearing on 07.08.2024, noting that the matter had already proceeded ex-parte against the respondent.
For Order
The Tribunal noted that the matter has proceeded ex-parte against the respondent and ordered the defective appeal to be listed for hearing on 16.05.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to his unavailability and rescheduled the hearing for May 10, 2024.
For Order
The Tribunal decided to proceed ex parte against the respondent due to failure to file objections and scheduled the matter for 09.04.2024 to consider the application for condonation of delay.
For Order
The Tribunal noted the absence of the appellant's counsel and ordered the defective appeal to be listed on 05.03.2024 for consideration of the application for condonation of delay.
For Order
The Tribunal granted a request to issue fresh notice to the respondent due to failure of previous service and scheduled the matter for hearing on 27.10.2023.
For Order
The Tribunal issued notice to the respondent and outlined procedural requirements for service of notice and filing objections regarding the application for condonation of delay, scheduling the next hearing for 27.07.2023.
Delay condonation
The Tribunal granted the appellant one week to file an application for condonation of delay because the appeal was filed beyond the prescribed limitation period, and scheduled the matter for orders on 06.04.2023.
Tribunal Order #0901126012912022-27-11-2024
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders in both appeals, ruling that the officer lacked jurisdiction to grant interest for delayed possession in the form of compensation when the allottees chose to remain in the project rather than withdraw.
Tribunal Order #0901126012912022-07-08-2024
The Tribunal condoned a 50-day delay in filing the appeal, ruling that since the challenge involves the Adjudicating Officer's jurisdiction to grant delay interest—a matter going to the root of the case—the delay should be excused to allow for a decision on merits.
Tribunal Order #0901126012912022-05-03-2024
The Tribunal decided to proceed ex parte against the respondent due to failure to file objections and scheduled the matter for 09.04.2024 to consider the application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders in both appeals, ruling that the officer lacked jurisdiction to grant interest for delayed possession in the form of compensation when the allottees chose to remain in the project rather than withdraw. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders in both appeals, ruling that the officer lacked jurisdiction to grant interest for delayed possession in the form of compensation when the allottees chose to remain in the project rather than withdraw.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from 28.05.2012 to 13.02.2019 (excluding the period from 27.04.2013 to 26.10.2016)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
- N A
Official RERA Tribunal Orders (3)
The U.P. Real Estate Appellate Tribunal set aside the Adjudicating Officer's orders in both appeals, ruling that the officer lacked jurisdiction to grant interest for delayed possession in the form of compensation when the allottees chose to remain in the project rather than withdraw.
The Tribunal condoned a 50-day delay in filing the appeal, ruling that since the challenge involves the Adjudicating Officer's jurisdiction to grant delay interest—a matter going to the root of the case—the delay should be excused to allow for a decision on merits.
The Tribunal decided to proceed ex parte against the respondent due to failure to file objections and scheduled the matter for 09.04.2024 to consider the application for condonation of delay.
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