Appellant / Complainant
Lucknow Development Authority
Respondent
Vijai Raj Saxena
₹44,50,000
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 0901126023842024 by Lucknow Development Authority against Vijai Raj Saxena before up_rera.
Defect Removal
The Appellate Tribunal modified the previous order to mandate that the promoter pay delay interest at the rate of MCLR+1% from 14.09.2014 until possession is handed over, ruling that an allottee's acceptance of possession does not waive their statutory right to interest under Section 18(1) of the Act.
Defect Removal
The Tribunal has adjourned the appeal to 11.03.2025 upon the joint request of the parties and directed that pleadings be completed in the interim.
Defect Removal
The Tribunal has adjourned the appeal to 13.01.2025 following a joint request from both parties.
Defect Removal
The Tribunal granted the appellant a one-week extension to file a fresh CA certificate to comply with Section 43(5) of the Act and scheduled the hearing for December 2, 2024.
Defect Removal
The Tribunal granted the appellant 10 days to file a CA certificate and address deficiencies regarding compliance with Section 43(5) of the Act, rescheduling the matter for 25.10.2024.
Defect Removal
The Tribunal granted the appellant a one-week extension to file a fresh CA certificate as requested by counsel to rectify a defect in the appeal.
Tribunal Order #0901126023842024-11-03-2025
The Appellate Tribunal modified the previous order to mandate that the promoter pay delay interest at the rate of MCLR+1% from 14.09.2014 until possession is handed over, ruling that an allottee's acceptance of possession does not waive their statutory right to interest under Section 18(1) of the Act.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal modified the previous order to mandate that the promoter pay delay interest at the rate of MCLR+1% from 14.09.2014 until possession is handed over, ruling that an allottee's acceptance of possession does not waive their statutory right to interest under Section 18(1) of the Act. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal modified the previous order to mandate that the promoter pay delay interest at the rate of MCLR+1% from 14.09.2014 until possession is handed over, ruling that an allottee's acceptance of possession does not waive their statutory right to interest under Section 18(1) of the Act.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 14.09.2014 till handing over possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Suyash Bajpai
Official RERA Tribunal Orders (1)
The Appellate Tribunal modified the previous order to mandate that the promoter pay delay interest at the rate of MCLR+1% from 14.09.2014 until possession is handed over, ruling that an allottee's acceptance of possession does not waive their statutory right to interest under Section 18(1) of the Act.
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