Appellant / Complainant
Arvind Kumar Shukla
Respondent
U.P. Awas Evam Vikas Parishad, U.P. Real Estate Regulatory Authority Lucknow
u.p. awas evam vikas parishad
₹6,09,821
Appellant
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 0901126027382021 by Arvind Kumar Shukla against U.P. Awas Evam Vikas Parishad, U.P. Real Estate Regulatory Authority Lucknow before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR+1% per annum for the delay in possession from April 29, 2017, until June 26, 2020.
Hearing
The Tribunal heard arguments from the counsel for both parties, and the judgment has been reserved.
Hearing
The Tribunal has adjourned the matter to 09.08.2023 for orders/hearing following a joint request from the counsels of both parties.
Hearing
The Tribunal acknowledged a delay in possession by the respondent and directed their counsel to seek instructions regarding the admissible interest payable to the allottee due to said delay.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the case for hearing on 21.04.2023.
Further Hearing
The Tribunal directed the respondent's counsel to rectify any defects regarding their uploaded objection and scheduled the appeal for hearing on 03.02.2023.
Further Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on January 2, 2023.
Further Hearing
The Tribunal has called the case for hearing and scheduled it for a subsequent listing on December 1, 2022.
Further Hearing
The Tribunal has rescheduled the hearing of the appeal to 02.11.2022 following a joint request from the counsels for both parties.
Further Hearing
The Tribunal granted a joint request from the counsels of both parties to list the appeal for hearing on 27.09.2022.
Further Hearing
This text represents the header/caption of an appeal (APPEAL-473/2021) before the U.P. Real Estate Appellate Tribunal involving Arvind Kumar Shukla and U.P. Awas Evam Vikas Parishad, but it contains no substantive ruling or directive.
Further Hearing
The Tribunal granted the appellant's counsel one week to file a reply to the respondent's objections and scheduled the next hearing for 16.08.2022.
Further Order
The Tribunal granted the appellant's request for time to file a replication against the respondent's reply and scheduled the next hearing for 22.07.2022.
Hearing
The Tribunal granted an adjournment requested by the appellant and rescheduled the hearing to May 11, 2022.
Further Order
The Tribunal granted the appellant a one-week extension to file a reply to the respondent's objections and directed that the reply be served via email and uploaded to the e-portal.
Further Order
The Tribunal granted the appellant's request for a short adjournment to file a replication/rejoinder and directed that a copy be served to the respondent via email before the next hearing.
Further Order
The Tribunal allowed the appellant's limitation application to condone a 129-day delay in filing the appeal, subject to a cost of Rs. 600/- to be split between the Tribunal fund and the respondent's counsel.
Delay condonation
The Tribunal granted the respondent 15 days to file their Vakalat Nama and objection to the limitation application, with the case scheduled for further orders on 29.11.2021.
Delay condonation
The Tribunal granted the respondent two weeks to file objections to the condonation of delay application and grounds of appeal, with a subsequent timeline set for the appellant's reply and the next hearing scheduled for 28.10.2021.
Delay condonation
The Tribunal directed the Registry to issue fresh dasti summons to the respondent and scheduled the next hearing for 28.09.2021.
Delay condonation
The Tribunal directed the appellant to take fresh steps for service of summons to the respondent via 'Dasti' summons due to a previous failure in service, and scheduled the next hearing for 07.09.2021.
Delay condonation
The Tribunal directed the Housing Commissioner of U.P. Awas Evam Vikas Parishad to ensure representation for the organization on the next date and noted that the respondent is deemed aware of proceedings via the web portal's automatic notification system.
Delay condonation
The Tribunal issued notice on the application for condonation of delay and directed the parties to exchange documents via email and upload their respective objections/replies on the e-portal before the next hearing on 03.08.2021.
Tribunal Order #0901126027382021-29-11-2021
The Tribunal allowed the appellant's limitation application to condone a 129-day delay in filing the appeal, subject to a cost of Rs. 600/- to be split between the Tribunal fund and the respondent's counsel.
Tribunal Order #0901126027382021-18-08-2023
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR+1% per annum for the delay in possession from April 29, 2017, until June 26, 2020.
Tribunal Order #0901126027382021-21-04-2023
The Tribunal acknowledged a delay in possession by the respondent and directed their counsel to seek instructions regarding the admissible interest payable to the allottee due to said delay.
Tribunal Order #0901126027382021-03-08-2021
The Tribunal directed the Housing Commissioner of U.P. Awas Evam Vikas Parishad to ensure representation for the organization on the next date and noted that the respondent is deemed aware of proceedings via the web portal's automatic notification system.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR+1% per annum for the delay in possession from April 29, 2017, until June 26, 2020. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR+1% per annum for the delay in possession from April 29, 2017, until June 26, 2020.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1% p.a.
Interest Period
from the proposed date of possession i.e. 29.04.2017 till offer of possession after receipt of OC/CC i.e. (26.06.2020)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
- Krishna Kumar Singh
- Gautam Johri
Respondent Advocate(s)
- N N Pandey
Official RERA Tribunal Orders (4)
The Tribunal allowed the appellant's limitation application to condone a 129-day delay in filing the appeal, subject to a cost of Rs. 600/- to be split between the Tribunal fund and the respondent's counsel.
The Tribunal set aside the Regulatory Authority's order and directed the respondent to pay interest at the rate of MCLR+1% per annum for the delay in possession from April 29, 2017, until June 26, 2020.
The Tribunal acknowledged a delay in possession by the respondent and directed their counsel to seek instructions regarding the admissible interest payable to the allottee due to said delay.
The Tribunal directed the Housing Commissioner of U.P. Awas Evam Vikas Parishad to ensure representation for the organization on the next date and noted that the respondent is deemed aware of proceedings via the web portal's automatic notification system.
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