Appellant / Complainant
U.P. Avas Evam Vikas Parishad
Respondent
Indra Nath Agnihotri
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 0901126016182020 by U.P. Avas Evam Vikas Parishad against Indra Nath Agnihotri before up_rera.
For Order
The Tribunal issued a corrective order to rectify a clerical error in the previous judgment dated 30.12.2022, replacing 'Lucknow Development Authority' with the correct party name, 'U.P. Avas Evam Vikas Parishad'.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to handover possession and pay interest at MCLR+1% per annum for delayed delivery of flats.
Further Order
The Tribunal reserved judgment on the appeal and directed both parties to exchange lists of dates and cited cases within 20 days.
for delivery of Judgment/Order
The Tribunal allowed the appellant's application for condonation of delay (218 days) regarding the filing of an appeal, subject to a cost of Rs. 5,000 to be shared between the Tribunal fund and the respondent.
Delay condonation
The Tribunal heard arguments regarding a limitation application and its corresponding objection, after which the order was reserved.
Delay condonation
The Tribunal granted a request for adjournment following the respondent's counsel's inability to attend and rescheduled the hearing for 22.10.2021 to consider the application for condonation of delay.
Delay condonation
The Tribunal granted the applicant one week to file a better affidavit for condonation of delay and directed the exchange of documents via email before the next hearing on 07.04.2021.
For Order
The case was adjourned due to an advocates' strike called by the Oudh Bar Association and is scheduled for a new hearing on 17.03.2021.
For Order
The Tribunal has adjourned the matter to 25.02.2021 for consideration of the application for condonation of delay and subsequent hearing, following a joint request from both parties' counsels.
Delay condonation
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objection and directed the parties to upload documents to the e-portal before the next hearing on 10.02.2021.
Tribunal Order #0901126016182020-30-12-2022
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to handover possession and pay interest at MCLR+1% per annum for delayed delivery of flats.
Tribunal Order #0901126016182020-17-02-2022
The Tribunal allowed the appellant's application for condonation of delay (218 days) regarding the filing of an appeal, subject to a cost of Rs. 5,000 to be shared between the Tribunal fund and the respondent.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to handover possession and pay interest at MCLR+1% per annum for delayed delivery of flats. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to handover possession and pay interest at MCLR+1% per annum for delayed delivery of flats.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1% per annum
Interest Period
from 31.08.2018 till date of offer of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- K.K. Pandey
Official RERA Tribunal Orders (2)
The U.P. Real Estate Appellate Tribunal dismissed the appeals filed by U.P. Avas Evam Vikas Parishad, upholding the Regulatory Authority's order to handover possession and pay interest at MCLR+1% per annum for delayed delivery of flats.
The Tribunal allowed the appellant's application for condonation of delay (218 days) regarding the filing of an appeal, subject to a cost of Rs. 5,000 to be shared between the Tribunal fund and the respondent.
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