Appellant / Complainant
Lucknow Development Authority
Respondent
Rehana Khatoon, Tayyab Ali
₹26,62,164
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 0901126019502021 by Lucknow Development Authority against Rehana Khatoon, Tayyab Ali before up_rera.
Hearing
The Tribunal dismissed the appeal filed by Lucknow Development Authority, ruling that under Section 18(1) of the RERA Act 2016, an allottee has a statutory right to claim delay interest even if they do not withdraw from the project, thereby upholding the requirement to pay MCLR+1% interest for the period of delay.
Hearing
The Tribunal allowed the appellant's application to condone a 500-day delay, recalled the order dismissing the appeal for non-prosecution, and restored the appeal to its original file.
Hearing
The court granted an adjournment application filed by the appellant's counsel and rescheduled the appeal for hearing on 28.01.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for January 2, 2025, noting that no further adjournments will be permitted.
Hearing
The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the absence of counsel and failure to assign a new representative.
Hearing
The Tribunal ordered a fresh hearing of the appeal on 16.03.2023 because the previous judgment was reserved by a Bench whose Presiding Member has since demitted office.
Exchange of pleadings
The Tribunal heard arguments from the counsels representing the Lucknow Development Authority and Tayyab Ali, and subsequently reserved its judgment for delivery.
Further Order
The Tribunal directed both parties to exchange lists of dates, events, and cited case law at least 10 days prior to the next hearing, which is scheduled for 19.09.2022.
Further Order
The Tribunal directed the appellant to file a replication or rejoinder before the next hearing and scheduled the case for August 23, 2022.
Hearing
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 5,000, and directed the respondent to file their Vakalatnama and reply to the grounds of appeal.
Hearing
The Tribunal granted a final opportunity to the respondent's counsel to file their Vakalatnama and an objection against the limitation application. The case is adjourned to 02.05.2022.
Delay condonation
The Tribunal adjourned the matter due to counsel's leave and directed the respondent to email their objections regarding the condonation of delay and grounds of appeal to the applicant and upload them to the e-portal.
Delay condonation
The Tribunal granted a final opportunity to the respondent to appear and scheduled the matter for 17.01.2022 to dispose of the limitation application.
Compliance of section 43(5)
The Tribunal granted the respondent 10 days to file their Vakalatnama and objection against the limitation application and adjourned the matter to 15.12.2021.
Compliance of section 43(5)
The Tribunal issued a notice to the respondent via registered post and email following the appellant's submission of proof regarding compliance with Section 43(5) of the Act.
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 on 25.10.2021 will result in dismissal.
Defect Removal
The Tribunal granted the appellant one week 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 #0901126019502021-02-05-2022
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 5,000, and directed the respondent to file their Vakalatnama and reply to the grounds of appeal.
Tribunal Order #0901126019502021-05-10-2021
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 on 25.10.2021 will result in dismissal.
Tribunal Order #0901126019502021-10-02-2025
The Tribunal dismissed the appeal filed by Lucknow Development Authority, ruling that under Section 18(1) of the RERA Act 2016, an allottee has a statutory right to claim delay interest even if they do not withdraw from the project, thereby upholding the requirement to pay MCLR+1% interest for the period of delay.
Tribunal Order #0901126019502021-28-01-2025
The Tribunal allowed the appellant's application to condone a 500-day delay, recalled the order dismissing the appeal for non-prosecution, and restored the appeal to its original file.
Tribunal Order #0901126019502021-16-03-2023
The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the absence of counsel and failure to assign a new representative.
Tribunal Order #0901126019502021-24-03-2022
The Tribunal granted a final opportunity to the respondent's counsel to file their Vakalatnama and an objection against the limitation application. The case is adjourned to 02.05.2022.
Tribunal Order #0901126019502021-25-02-2022
The Tribunal adjourned the matter due to counsel's leave and directed the respondent to email their objections regarding the condonation of delay and grounds of appeal to the applicant and upload them to the e-portal.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal filed by Lucknow Development Authority, ruling that under Section 18(1) of the RERA Act 2016, an allottee has a statutory right to claim delay interest even if they do not withdraw from the project, thereby upholding the requirement to pay MCLR+1% interest for the period of delay. The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the absence of counsel and failure to assign a new representative. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal filed by Lucknow Development Authority, ruling that under Section 18(1) of the RERA Act 2016, an allottee has a statutory right to claim delay interest even if they do not withdraw from the project, thereby upholding the requirement to pay MCLR+1% interest for the period of delay. The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the absence of counsel and failure to assign a new representative.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% p.a.
Interest Period
from 19.08.2014 to 26.09.2018
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
Respondent Advocate(s)
- Siddharth Nandwani
Official RERA Tribunal Orders (7)
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 5,000, and directed the respondent to file their Vakalatnama and reply to the grounds of 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 on 25.10.2021 will result in dismissal.
The Tribunal dismissed the appeal filed by Lucknow Development Authority, ruling that under Section 18(1) of the RERA Act 2016, an allottee has a statutory right to claim delay interest even if they do not withdraw from the project, thereby upholding the requirement to pay MCLR+1% interest for the period of delay.
The Tribunal allowed the appellant's application to condone a 500-day delay, recalled the order dismissing the appeal for non-prosecution, and restored the appeal to its original file.
The appeal filed by the Lucknow Development Authority was dismissed for want of prosecution due to the absence of counsel and failure to assign a new representative.
The Tribunal granted a final opportunity to the respondent's counsel to file their Vakalatnama and an objection against the limitation application. The case is adjourned to 02.05.2022.
The Tribunal adjourned the matter due to counsel's leave and directed the respondent to email their objections regarding the condonation of delay and grounds of appeal to the applicant and upload them to the e-portal.
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