Appellant / Complainant
Lucknow Development Authority
Respondent
Hari Prakash Saxena
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 0901126019462021 by Lucknow Development Authority against Hari Prakash Saxena 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%) for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Hearing
The Tribunal heard arguments from both the appellant (Lucknow Development Authority) and the respondent regarding an appeal against a Regulatory Authority order, but reserved judgment for a later date.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on personal grounds and rescheduled the hearing for August 24, 2023.
Hearing
The Tribunal directed the applicant to pay the previously ordered cost of Rs. 5000/- for condonation of delay by the next listing date.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his COVID-19 infection and rescheduled the hearing for 29.05.2023.
Hearing
The proceedings for Appeal-263/2021 were adjourned due to the counsel for the appellant being on sanctioned leave, with the matter rescheduled for hearing on 18.04.2023.
Hearing
The Tribunal ordered the appeal to be listed for a fresh hearing on 16.03.2023 because the previous judgment was reserved but could not be delivered due to the Presiding Member of Bench No. 2 demitting office.
Hearing
The Tribunal condoned a 412-day delay in filing the appeal, subject to a cost of Rs. 5000/- to be split between the respondent and the Tribunal fund, and ordered the defective appeal to be registered as a Regular Appeal.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections regarding the condonation of delay and directed both parties to exchange pleadings and upload them to the e-portal before the next hearing on 24.03.2022.
Delay condonation
The Tribunal directed the respondent to file an objection against the limitation application and scheduled the matter for 17.01.2022 to dispose of said application.
Compliance of section 43(5)
The Tribunal issued a notice to the respondent via registered post and e-mail due to their non-appearance and scheduled the matter for further orders on 15.12.2021.
Compliance of section 43(5)
The Tribunal noted the appellant's compliance with Section 43(5) regarding deposit requirements and directed that notice be issued to the respondent via registered post and email.
Compliance of section 43(5)
The Tribunal directed the appellant to rectify registry defects, specifically regarding compliance with Section 43(5) of the Act, warning that failure to comply by the next hearing date will result in dismissal.
Defect Removal
The Tribunal granted the appellant a one-week extension to rectify registry defects, specifically regarding compliance with Section 43(5) of the Act, and scheduled the matter for April 2, 2021.
Tribunal Order #0901126019462021-29-05-2023
The Tribunal directed the applicant to pay the previously ordered cost of Rs. 5000/- for condonation of delay by the next listing date.
Tribunal Order #0901126019462021-14-09-2023
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest (MCLR+1%) for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Tribunal Order #0901126019462021-24-03-2022
The Tribunal condoned a 412-day delay in filing the appeal, subject to a cost of Rs. 5000/- to be split between the respondent and the Tribunal fund, and ordered the defective appeal to be registered as a Regular Appeal.
Tribunal Order #0901126019462021-05-10-2021
The Tribunal directed the appellant to rectify registry defects, specifically regarding compliance with Section 43(5) of the Act, warning that failure to comply by the next hearing date will result in dismissal.
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%) for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee. 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%) for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 18.08.2014 to 25.04.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Hridesh Srivastava
Official RERA Tribunal Orders (4)
The Tribunal directed the applicant to pay the previously ordered cost of Rs. 5000/- for condonation of delay by the next listing date.
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay interest (MCLR+1%) for delayed possession and directing the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement to the allottee.
The Tribunal condoned a 412-day delay in filing the appeal, subject to a cost of Rs. 5000/- to be split between the respondent and the Tribunal fund, and ordered the defective appeal to be registered as a Regular Appeal.
The Tribunal directed the appellant to rectify registry defects, specifically regarding compliance with Section 43(5) of the Act, warning that failure to comply by the next hearing date will result in dismissal.
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