Appellant / Complainant
Lucknow Development Authority
Respondent
Hari Pratap Shahi
₹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 0901126023872024 by Lucknow Development Authority against Hari Pratap Shahi 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, 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 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 comply with the mandate of Section 43(5) of the Real Estate Act, 2016, as per the impugned order. The matter is scheduled for hearing on the application for condonation of delay and the appeal itself on 13.01.2025.
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 matter for hearing on 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 the appellant a one-week extension to file a fresh CA certificate to rectify a defect pointed out by the Registry and rescheduled the matter for 18.09.2024.
Tribunal Order #0901126023872024-11-03-2025
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, ruling that an allottee's acceptance of possession does not waive their statutory right to interest under Section 18(1) of the Act.
Tribunal Order #0901126023872024-02-12-2024
The Tribunal issued notice to the respondent and directed the appellant to comply with the mandate of Section 43(5) of the Real Estate Act, 2016, as per the impugned order. The matter is scheduled for hearing on the application for condonation of delay and the appeal itself on 13.01.2025.
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, 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, 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)
- Harish Pandey
Official RERA Tribunal Orders (2)
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, ruling that an allottee's acceptance of possession does not waive their statutory right to interest under Section 18(1) of the Act.
The Tribunal issued notice to the respondent and directed the appellant to comply with the mandate of Section 43(5) of the Real Estate Act, 2016, as per the impugned order. The matter is scheduled for hearing on the application for condonation of delay and the appeal itself on 13.01.2025.
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