Appellant / Complainant
Lucknow Development Authority
Respondent
Umesh Chandra Mishra, Neelima Mishra
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 0901126028452021 by Lucknow Development Authority against Umesh Chandra Mishra, Neelima Mishra before up_rera.
Hearing
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay the allottee interest at the rate of MCLR+1% per annum for the period of delay in possession.
Hearing
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
For Order
The Tribunal granted the appellant one week to deposit costs for condonation of delay and granted the respondent 10 days to file objections to the appeal.
For Order
The Tribunal granted the respondent one week to file objections to the appeal and warned the appellant that the case will proceed based on available records if no counsel appears at the next hearing due to the absence of LDA representation.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and directed the LDA to assign a new counsel to the matter, noting that the appeal will proceed based on available records if no one appears at the next hearing.
for delivery of Judgment/Order
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 5,000, and directed the defective appeal to be registered as a Regular Appeal.
Delay condonation
The Tribunal reserved its judgment on the specific point of limitation in the appeal filed by Lucknow Development Authority against Neelima Mishra.
Delay condonation
The Tribunal directed the respondent's counsel to file a Vakalatnama and an objection to the limitation application within one week and serve a copy to the applicant via email before the next hearing on 17.12.2021.
Delay condonation
The Tribunal noted the appellant's compliance with notice provisions under Section 43(5) and adjourned the matter to 23.11.2021 for the disposal of the limitation application and objections.
Compliance of section 43(5)
The Tribunal directed the issuance of notice to the respondent following the removal of defects and payment of required fees, scheduling the matter for 26.10.2021 to consider the application for condonation of delay.
Compliance of section 43(5)
The Tribunal granted the appellant a 10-day extension to comply with the provisions of Section 43(5) of the Act, 2016, and scheduled the defective appeal for hearing on 22.09.2021.
Defect Removal
The Tribunal granted a final one-week extension to the Lucknow Development Authority to comply with Section 43(5) of the Act, warning that failure to do so will result in the dismissal of the appeal.
Defect Removal
The Tribunal granted the appellant a one-week extension to remove defects and comply with Section 43(5) of the Act, warning that failure to do so may result in the dismissal of the appeal.
Defect Removal
The Tribunal granted the appellant two weeks' time to comply with the provisions of Section 43(5) of the Act and scheduled the defective appeal for hearing on 12.08.2021.
Tribunal Order #0901126028452021-11-07-2025
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay the allottee interest at the rate of MCLR+1% per annum for the period of delay in possession.
Tribunal Order #0901126028452021-28-02-2023
The Tribunal granted the respondent one week to file objections to the appeal and warned the appellant that the case will proceed based on available records if no counsel appears at the next hearing due to the absence of LDA representation.
Tribunal Order #0901126028452021-08-12-2022
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 5,000, and directed the defective appeal to be registered as a Regular Appeal.
Tribunal Order #0901126028452021-21-04-2023
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
Tribunal Order #0901126028452021-26-08-2021
The Tribunal granted a final one-week extension to the Lucknow Development Authority to comply with Section 43(5) of the Act, warning that failure to do so will result in the dismissal of the appeal.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay the allottee interest at the rate of MCLR+1% per annum for the period of delay in possession. The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay the allottee interest at the rate of MCLR+1% per annum for the period of delay in possession. The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% per annum
Interest Period
01.11.2016 to 29.05.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Atul Tripathi
Official RERA Tribunal Orders (5)
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Regulatory Authority's order to pay the allottee interest at the rate of MCLR+1% per annum for the period of delay in possession.
The Tribunal granted the respondent one week to file objections to the appeal and warned the appellant that the case will proceed based on available records if no counsel appears at the next hearing due to the absence of LDA representation.
The Tribunal allowed the appellant's application for condonation of delay, subject to a cost of Rs. 5,000, and directed the defective appeal to be registered as a Regular Appeal.
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by the Lucknow Development Authority for want of prosecution due to the absence of legal representation.
The Tribunal granted a final one-week extension to the Lucknow Development Authority to comply with Section 43(5) of the Act, warning that failure to do so will result in the dismissal of the appeal.
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