Appellant / Complainant
Lucknow Development Authority
Respondent
Mohd Ali Babar
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 0901126030322021 by Lucknow Development Authority against Mohd Ali Babar before up_rera.
Hearing
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatory obligated under Section 18(1) to pay delay interest (MCLR+1%) to the allottee for the period between the promised possession date and the actual offer of possession.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the appeal for hearing on 11.02.2025, noting that no further adjournments will be permitted.
Delay condonation
The appeal was dismissed for want of prosecution due to the non-appearance of the applicant and no request for adjournment.
Delay condonation
The Tribunal granted a request from the appellant's counsel to list the defective appeal for consideration of a condonation of delay application on 01.08.2022.
Delay condonation
The Tribunal scheduled the case for July 18, 2022, to consider an application for condonation of delay and proceed with the hearing.
Delay condonation
The Tribunal granted a final one-week extension to the appellant to file a reply to the respondent's objections and scheduled the case for hearing on 05.07.2022.
Delay condonation
The Tribunal granted the respondent's counsel one week to file a reply to the objections and directed that the reply be emailed to the respondent and uploaded to the e-portal. The matter is scheduled for 19.05.2022 to consider the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and grounds of appeal, with subsequent timelines set for replies and a new hearing date scheduled for 04.05.2022.
Compliance of section 43(5)
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, warning that the matter may proceed ex-parte if no response is filed by the next hearing on 13.04.2022.
Notice
The Tribunal directed the respondent to file the order passed on their pending rectification application regarding a clerical error in an apartment name and listed the defective appeal for further orders on 08.02.2022.
Notice
The Tribunal directed the applicant to comply with Section 43(5) of the Act by filing a C.A. Certificate and removing registry defects, while scheduling the case for January 5, 2022, to dispose of the limitation application.
Delay condonation
The Tribunal issued notice to the respondent via registered post and email and scheduled the matter for 01.12.2021 to address the application for limitation.
Tribunal Order #0901126030322021-11-02-2025
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatory obligated under Section 18(1) to pay delay interest (MCLR+1%) to the allottee for the period between the promised possession date and the actual offer of possession.
Tribunal Order #0901126030322021-01-12-2021
The Tribunal directed the applicant to comply with Section 43(5) of the Act by filing a C.A. Certificate and removing registry defects, while scheduling the case for January 5, 2022, to dispose of the limitation application.
Tribunal Order #0901126030322021-23-03-2022
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, warning that the matter may proceed ex-parte if no response is filed by the next hearing on 13.04.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatory obligated under Section 18(1) to pay delay interest (MCLR+1%) to the allottee for the period between the promised possession date and the actual offer of possession. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatory obligated under Section 18(1) to pay delay interest (MCLR+1%) to the allottee for the period between the promised possession date and the actual offer of possession.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% per annum
Interest Period
09.12.2012 to 16.02.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Suyash Gupta
Official RERA Tribunal Orders (3)
The Tribunal quashed the Adjudicating Officer's order for lack of jurisdiction but ruled that the promoter is mandatory obligated under Section 18(1) to pay delay interest (MCLR+1%) to the allottee for the period between the promised possession date and the actual offer of possession.
The Tribunal directed the applicant to comply with Section 43(5) of the Act by filing a C.A. Certificate and removing registry defects, while scheduling the case for January 5, 2022, to dispose of the limitation application.
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, warning that the matter may proceed ex-parte if no response is filed by the next hearing on 13.04.2022.
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