Appellant / Complainant
Lucknow Development Authority
Respondent
Sarvjeet Yadav
₹49,50,000
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 0901126023862024 by Lucknow Development Authority against Sarvjeet Yadav before up_rera.
Defect Removal
The Appellate Tribunal ruled that a promoter's obligation to pay delay interest under Section 18(1) of the RERA Act is mandatory and cannot be waived by the allottee taking possession; consequently, it ordered the appellant to pay interest at MCLR+1% from 14.09.2014 until possession.
Defect Removal
The Tribunal has adjourned the appeal to 11.03.2025 at the joint request of the parties and directed that pleadings be completed in the interim.
Defect Removal
The Tribunal issued notice to the respondent and directed the appellant to serve the appeal documents via speed-post and email, scheduling the next hearing for January 13, 2025.
Defect Removal
The Tribunal granted the appellant a one-week extension to file a fresh CA certificate and comply with Section 43(5) of the Act, scheduling the matter for December 2, 2024.
Defect Removal
The Tribunal granted the appellant 10 days to file a CA certificate and rectify deficiencies regarding compliance with Section 43(5) of the Act, rescheduling the matter for 25.10.2024.
Defect Removal
The Tribunal granted a one-week extension to the appellant to file a fresh CA certificate as requested by the Registry and rescheduled the hearing for 18.09.2024.
Tribunal Order #0901126023862024-11-03-2025
The Appellate Tribunal ruled that a promoter's obligation to pay delay interest under Section 18(1) of the RERA Act is mandatory and cannot be waived by the allottee taking possession; consequently, it ordered the appellant to pay interest at MCLR+1% from 14.09.2014 until possession.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal ruled that a promoter's obligation to pay delay interest under Section 18(1) of the RERA Act is mandatory and cannot be waived by the allottee taking possession; consequently, it ordered the appellant to pay interest at MCLR+1% from 14.09.2014 until possession. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal ruled that a promoter's obligation to pay delay interest under Section 18(1) of the RERA Act is mandatory and cannot be waived by the allottee taking possession; consequently, it ordered the appellant to pay interest at MCLR+1% from 14.09.2014 until possession.
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)
- Harish Pandey
Official RERA Tribunal Orders (1)
The Appellate Tribunal ruled that a promoter's obligation to pay delay interest under Section 18(1) of the RERA Act is mandatory and cannot be waived by the allottee taking possession; consequently, it ordered the appellant to pay interest at MCLR+1% from 14.09.2014 until possession.
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