Appellant / Complainant
Lucknow Development Authority
Respondent
Zubair Ahmad
₹27,93,174
Partial
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 0901126023882024 by Lucknow Development Authority against Zubair Ahmad 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 accepting possession, subsequently ordering the appellant to pay interest at MCLR+1% for the period from 31.08.2015 to 31.07.2019.
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 issued notice to the respondent and outlined the procedural steps for service of process and filing objections regarding the application for condonation of delay.
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 one week's time to file a fresh CA certificate as requested by the Registry and rescheduled the hearing for 18.09.2024.
Tribunal Order #0901126023882024-11-03-2025
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 accepting possession, subsequently ordering the appellant to pay interest at MCLR+1% for the period from 31.08.2015 to 31.07.2019.
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 accepting possession, subsequently ordering the appellant to pay interest at MCLR+1% for the period from 31.08.2015 to 31.07.2019. Awarded in favor of Partial. 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 accepting possession, subsequently ordering the appellant to pay interest at MCLR+1% for the period from 31.08.2015 to 31.07.2019.
Ruling Awarded To
Partial
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f. 31.08.2015 to 31.07.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Suyash Gupta
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 accepting possession, subsequently ordering the appellant to pay interest at MCLR+1% for the period from 31.08.2015 to 31.07.2019.
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