Appellant / Complainant
Lucknow Development Authority
Respondent
Shashi Prakash Dwivedi
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 0901126019482021 by Lucknow Development Authority against Shashi Prakash Dwivedi before up_rera.
Hearing
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to grant possession and pay interest at MCLR+1% p.a. for delayed possession, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement.
Hearing
The Tribunal adjourned the matter to 25.05.2023 and directed the Appellant to explain why previously imposed costs for condoning delay have not been paid, warning that failure to pay will result in the recall of the condonation order.
Hearing
The Tribunal noted a clerical error regarding the execution of a sale deed in the appeal memo and adjourned the matter to 22.03.2023 to allow the appellant counsel more time to prepare her brief.
Hearing
The Tribunal granted a request for adjournment due to the new counsel's need for preparation and the respondent's personal difficulties, rescheduling the hearing for 16.03.2023.
Hearing
The Tribunal granted an adjournment to the appellant due to the counsel's health issues, while noting that the counsel's resignation from the authority's panel does not affect his standing as long as the Vakalatnama remains on record.
Hearing
The Tribunal adjourned the proceedings due to counsel's absence but directed the appellant to pay the outstanding cost of Rs. 3,000/- owed to the respondent from a previous order before the next hearing on 07.02.2023.
Hearing
The Tribunal adjourned the defective appeal to 31.01.2023 for further orders due to the absence of the respondent.
Further Order
The Tribunal heard arguments regarding an appeal by the Lucknow Development Authority concerning interest on delayed possession and reserved its judgment.
Compliance of section 43(5)
The Tribunal condoned the 385-day delay in filing the appeal by applying COVID-19 pandemic relaxation rules, allowing the case to proceed on merit subject to a cost of Rs. 5000/- payable to the respondent and the Tribunal fund.
Compliance of section 43(5)
The Tribunal issued notice to the respondent via registered post and e-mail and scheduled the matter for further orders on 22.11.2021.
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 will result in dismissal of the case.
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 hearing on 02.04.2021.
Tribunal Order #0901126019482021-05-10-2021
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 will result in dismissal of the case.
Tribunal Order #0901126019482021-22-09-2023
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to grant possession and pay interest at MCLR+1% p.a. for delayed possession, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement.
Tribunal Order #0901126019482021-17-11-2021
The Tribunal condoned the 385-day delay in filing the appeal by applying COVID-19 pandemic relaxation rules, allowing the case to proceed on merit subject to a cost of Rs. 5000/- payable to the respondent and the Tribunal fund.
Tribunal Order #0901126019482021-31-01-2023
The Tribunal adjourned the proceedings due to counsel's absence but directed the appellant to pay the outstanding cost of Rs. 3,000/- owed to the respondent from a previous order before the next hearing on 07.02.2023.
Tribunal Order #0901126019482021-03-05-2023
The Tribunal adjourned the matter to 25.05.2023 and directed the Appellant to explain why previously imposed costs for condoning delay have not been paid, warning that failure to pay will result in the recall of the condonation order.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to grant possession and pay interest at MCLR+1% p.a. for delayed possession, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1% p.a..
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 grant possession and pay interest at MCLR+1% p.a. for delayed possession, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1% p.a.
Interest Period
from 30.08.2015 till the date of offer of possession i.e. 09.08.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Respondent In-Person
Official RERA Tribunal Orders (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 will result in dismissal of the case.
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to grant possession and pay interest at MCLR+1% p.a. for delayed possession, and directed the transfer of the promoter's pre-deposited amount to the U.P. RERA for disbursement.
The Tribunal condoned the 385-day delay in filing the appeal by applying COVID-19 pandemic relaxation rules, allowing the case to proceed on merit subject to a cost of Rs. 5000/- payable to the respondent and the Tribunal fund.
The Tribunal adjourned the proceedings due to counsel's absence but directed the appellant to pay the outstanding cost of Rs. 3,000/- owed to the respondent from a previous order before the next hearing on 07.02.2023.
The Tribunal adjourned the matter to 25.05.2023 and directed the Appellant to explain why previously imposed costs for condoning delay have not been paid, warning that failure to pay will result in the recall of the condonation order.
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