Appellant / Complainant
Lucknow Development Authority
Respondent
Arpita Basu, U.P. Real Estate Regulatory Authority Lucknow
Respondent
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 0901126015182021 by Lucknow Development Authority against Arpita Basu, U.P. Real Estate Regulatory Authority Lucknow before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest (MCLR+1%) to the respondent for delayed possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement.
Hearing
The Tribunal heard arguments regarding the jurisdiction of the Regulatory Authority over claims for possession and compensation, subsequently reserving judgment on the matter.
For Order
The Tribunal granted a request from the respondent's counsel to adjourn the matter and rescheduled the appeal for further orders on 06.02.2023.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the case for further orders on 28.11.2022.
Exchange of pleadings
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and directed that the reply be shared via email and uploaded to the e-portal.
Further Order
The Tribunal directed the appellant to pay a total cost of Rs. 6000/-, split equally between the respondent and the Tribunal fund, and granted the respondent a final opportunity to file a reply.
Further Order
The Tribunal directed the respondent to file a reply to the grounds of appeal within 20 days and scheduled the case for further orders on July 19, 2022.
Delay condonation
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to a cost of Rs. 6,000 to be split between the Tribunal's fund and the respondent, and directed the registry to register the defective appeal as regular.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit for condonation of delay and directed the parties to exchange documents via email and upload them to the e-portal before the next hearing on 31.03.2022.
Further Order
The Tribunal directed the respondent to file an objection against the limitation application and scheduled the matter for January 27, 2022, for disposal of said application.
Further Order
The Tribunal issued a notice to the respondent via registered post and email and scheduled the case for its next hearing on January 5, 2022.
Compliance of section 43(5)
The Tribunal granted an adjournment application moved by the appellant's counsel and directed that notice be issued to the respondent via registered post and e-mail.
Compliance of section 43(5)
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the appellant to serve the respondent via speed post and email.
Defect Removal
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act, warning that failure to do so by the next hearing may result in dismissal.
Tribunal Order #0901126015182021-31-05-2023
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest (MCLR+1%) to the respondent for delayed possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement.
Tribunal Order #0901126015182021-19-07-2022
The Tribunal directed the appellant to pay a total cost of Rs. 6000/-, split equally between the respondent and the Tribunal fund, and granted the respondent a final opportunity to file a reply.
Tribunal Order #0901126015182021-31-03-2022
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to a cost of Rs. 6,000 to be split between the Tribunal's fund and the respondent, and directed the registry to register the defective appeal as regular.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest (MCLR+1%) to the respondent for delayed possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest (MCLR+1%) to the respondent for delayed possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 20.08.2014 to 25.04.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
- N A
Respondent Advocate(s)
- Ashok Kumar Pandey
- Abhishek Yadav
Official RERA Tribunal Orders (3)
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest (MCLR+1%) to the respondent for delayed possession and directing the transfer of the appellant's pre-deposited amount to U.P. RERA for disbursement.
The Tribunal directed the appellant to pay a total cost of Rs. 6000/-, split equally between the respondent and the Tribunal fund, and granted the respondent a final opportunity to file a reply.
The Tribunal allowed the application for condonation of delay in filing the appeal, subject to a cost of Rs. 6,000 to be split between the Tribunal's fund and the respondent, and directed the registry to register the defective appeal as regular.
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