Appellant / Complainant
Lucknow Development Authority
Respondent
Deep C. Kaushal
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 0901126015962020 by Lucknow Development Authority against Deep C. Kaushal before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest at the rate of MCLR+1% per annum for the delay in possession, ruling that statutory rights under RERA override internal developer procedures.
Hearing
The Tribunal heard arguments regarding the rate of interest granted by the Regulatory Authority and has reserved its judgment on the appeal.
Hearing
The Tribunal closed the appellant's opportunity to file a rejoinder due to non-compliance and scheduled the appeal for final hearing on 28.10.2024, noting that no further adjournments will be granted.
Hearing
The Tribunal granted the appellant a final opportunity to file a reply to the respondent's objections and serve a soft copy within seven days, scheduling the final hearing for 27.09.2024.
Hearing
The Tribunal granted the appellant a final opportunity to pay the imposed cost of Rs 5,500/- via bank draft and to file a reply against the respondent's objections within one week.
Hearing
The Tribunal directs the appellant to issue a bank draft of Rs. 5,500/- in the name of the deceased respondent's wife within 10 days and grants the appellant one week to file objections.
Hearing
The Tribunal notes that the appellant has partially complied with a cost order for condoning delay by depositing Rs 5,500/- and schedules the appeal for hearing on 21.05.2024.
Hearing
The Tribunal granted a one-week extension of time to the appellant upon request and rescheduled the appeal hearing for April 25, 2024.
Hearing
The Tribunal granted the appellant one week to deposit the previously directed cost of Rs 11,000 (to be split between the respondent and the Tribunal) for condoning the delay in filing the appeal.
Hearing
The Tribunal granted a final 10-day extension to the respondent for filing objections and directed that a soft copy be emailed to the applicant, scheduling the next hearing for February 29, 2024.
For Order
The Tribunal granted the respondent 10 days to file objections and directed that a soft copy be emailed to the applicant's counsel, scheduling the next hearing for May 11, 2023.
Further Order
The Tribunal noted that the order condoning delay cannot be given effect due to non-payment of the mandated cost of Rs. 11,000/-, and granted the respondent liberty to file amended or fresh objections.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal condoned the 61-day delay in filing the appeal by the Lucknow Development Authority, subject to a cost of Rs. 11,000, and ordered the defective appeal to be registered as a Regular Appeal.
Hearing
The Tribunal heard arguments regarding the appellant's application for condonation of delay and has reserved judgment on that specific point.
Hearing
The Tribunal adjourned the case due to the absence of the respondent and scheduled it for a hearing on 12.04.2022.
Further Order
The Tribunal granted an adjournment application filed by the appellant's counsel and directed the respondent to file objections against the limitation application before the next hearing on 11.01.2022.
Delay condonation
The Tribunal allowed a substitution application to replace the deceased respondent with his widow, Nujhat Anwar Kaushal, and directed the applicant to incorporate the amendment within 10 days.
Delay condonation
The Tribunal directed the respondent's counsel to file a copy of Nuzhat Anwar Kaushal's Aadhaar card to verify her identity as the widow of deceased respondent Deep C. Kaushal for substitution purposes.
Delay condonation
The Tribunal granted the respondent's counsel two weeks to file a substitution application for the legal heirs of the deceased respondent, Deep C. Kaushal, and rescheduled the matter for 09.11.2021.
Delay condonation
The Tribunal directed the applicant to correct the respondent details by impleading Deep C. Kaushal and Anand Kaushal separately and to file an application for the substitution of heirs following the death of Deep C. Kaushal.
Tribunal Order #0901126015962020-13-12-2024
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest at the rate of MCLR+1% per annum for the delay in possession, ruling that statutory rights under RERA override internal developer procedures.
Tribunal Order #0901126015962020-16-11-2022
The U.P. Real Estate Appellate Tribunal condoned the 61-day delay in filing the appeal by the Lucknow Development Authority, subject to a cost of Rs. 11,000, and ordered the defective appeal to be registered as a Regular Appeal.
Tribunal Order #0901126015962020-02-12-2024
The Tribunal heard arguments regarding the rate of interest granted by the Regulatory Authority and has reserved its judgment on the appeal.
Tribunal Order #0901126015962020-12-08-2024
The Tribunal granted the appellant a final opportunity to pay the imposed cost of Rs 5,500/- via bank draft and to file a reply against the respondent's objections within one week.
Tribunal Order #0901126015962020-21-05-2024
The Tribunal directs the appellant to issue a bank draft of Rs. 5,500/- in the name of the deceased respondent's wife within 10 days and grants the appellant one week to file objections.
Tribunal Order #0901126015962020-25-04-2024
The Tribunal notes that the appellant has partially complied with a cost order for condoning delay by depositing Rs 5,500/- and schedules the appeal for hearing on 21.05.2024.
Tribunal Order #0901126015962020-29-02-2024
The Tribunal granted the appellant one week to deposit the previously directed cost of Rs 11,000 (to be split between the respondent and the Tribunal) for condoning the delay in filing the appeal.
Tribunal Order #0901126015962020-20-02-2023
The Tribunal noted that the order condoning delay cannot be given effect due to non-payment of the mandated cost of Rs. 11,000/-, and granted the respondent liberty to file amended or fresh objections.
Tribunal Order #0901126015962020-09-09-2021
The Tribunal directed the applicant to correct the respondent details by impleading Deep C. Kaushal and Anand Kaushal separately and to file an application for the substitution of heirs following the death of Deep C. Kaushal.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest at the rate of MCLR+1% per annum for the delay in possession, ruling that statutory rights under RERA override internal developer procedures. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1 percent per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest at the rate of MCLR+1% per annum for the delay in possession, ruling that statutory rights under RERA override internal developer procedures.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1 percent per annum
Interest Period
from 01.11.2016 to 29.05.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Yogesh Gurnanee
Official RERA Tribunal Orders (9)
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest at the rate of MCLR+1% per annum for the delay in possession, ruling that statutory rights under RERA override internal developer procedures.
The U.P. Real Estate Appellate Tribunal condoned the 61-day delay in filing the appeal by the Lucknow Development Authority, subject to a cost of Rs. 11,000, and ordered the defective appeal to be registered as a Regular Appeal.
The Tribunal heard arguments regarding the rate of interest granted by the Regulatory Authority and has reserved its judgment on the appeal.
The Tribunal granted the appellant a final opportunity to pay the imposed cost of Rs 5,500/- via bank draft and to file a reply against the respondent's objections within one week.
The Tribunal directs the appellant to issue a bank draft of Rs. 5,500/- in the name of the deceased respondent's wife within 10 days and grants the appellant one week to file objections.
The Tribunal notes that the appellant has partially complied with a cost order for condoning delay by depositing Rs 5,500/- and schedules the appeal for hearing on 21.05.2024.
The Tribunal granted the appellant one week to deposit the previously directed cost of Rs 11,000 (to be split between the respondent and the Tribunal) for condoning the delay in filing the appeal.
The Tribunal noted that the order condoning delay cannot be given effect due to non-payment of the mandated cost of Rs. 11,000/-, and granted the respondent liberty to file amended or fresh objections.
The Tribunal directed the applicant to correct the respondent details by impleading Deep C. Kaushal and Anand Kaushal separately and to file an application for the substitution of heirs following the death of Deep C. Kaushal.
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