Appellant / Complainant
Lucknow Development Authority
Respondent
Madhuri Chand
₹21,20,000
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 0901126030412021 by Lucknow Development Authority against Madhuri Chand before up_rera.
Delay condonation
The Tribunal set aside the Adjudicating Officer's order granting interest as compensation for delayed possession, ruling that such relief falls under the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer.
Delay condonation
The Tribunal noted the appearance of counsel for the Lucknow Development Authority and scheduled the matter for orders/hearing on 25.05.2023.
Delay condonation
The Tribunal has listed the case for consideration of an application for condonation of delay and subsequent hearing.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the case for orders or hearing on 27.03.2023.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the defective appeal for hearing on 16.01.2023 to consider the application for condonation of delay.
Delay condonation
The Tribunal adjourned the proceedings due to the illness of the appellant's counsel and scheduled the case for 14.11.2022 to consider the application for condonation of delay.
Delay condonation
The Tribunal scheduled the case for 10.10.2022 to consider an application for condonation of delay and proceed with the hearing.
Delay condonation
The Tribunal granted the applicant a final one-week extension to file a reply and scheduled the case for orders on September 8, 2022.
Delay condonation
The Tribunal granted the applicant one week's time to file a reply to the respondent's objections and scheduled the matter for hearing on 18.08.2022.
Further Order
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with the case scheduled for hearing on 26.07.2022.
Further Order
The Tribunal adjourned the matter to 26.05.2022 and directed the applicant's counsel to file an affidavit of service as previously ordered.
Notice
The Tribunal directed the Registry to verify and upload the affidavit of service if found in order and adjourned the defective appeal to 10.05.2022.
Hearing
The Tribunal issued a notice to the respondent and directed the appellant to serve the memo of appeal via speed post and file an affidavit of service before the next hearing on 06.05.2022.
Delay condonation
The Tribunal issued a fresh notice to the respondent due to the applicant's failure to take timely steps and scheduled the matter for 29.03.2022 to consider the application for condonation of delay.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and issued a final opportunity for their appearance, while directing that notice be served to the respondent via registered post and email.
Delay condonation
The Tribunal granted an adjournment requested by the appellant and scheduled the matter for January 3, 2022, to consider the application for condonation of delay.
Defect Removal
The Tribunal directed the appellant's counsel to rectify a defect regarding an unsigned Form-L within three days and ordered notice to be issued to the respondent via registered post and email.
Tribunal Order #0901126030412021-22-09-2023
The Tribunal set aside the Adjudicating Officer's order granting interest as compensation for delayed possession, ruling that such relief falls under the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's order granting interest as compensation for delayed possession, ruling that such relief falls under the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's order granting interest as compensation for delayed possession, ruling that such relief falls under the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 27.12.2012 to 15.11.2018 (except the period from 27.04.2013 to 26.10.2016)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Atul Tripathi
Official RERA Tribunal Orders (1)
The Tribunal set aside the Adjudicating Officer's order granting interest as compensation for delayed possession, ruling that such relief falls under the jurisdiction of the Regulatory Authority rather than the Adjudicating Officer.
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