Appellant / Complainant
Lucknow Development Authority
Respondent
Pushpa
₹26,30,000
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 0901126030802021 by Lucknow Development Authority against Pushpa before up_rera.
for delivery of Judgment/Order
The Tribunal partially allowed the allottee's appeal by modifying the original order to grant interest for the entire delay period (08.12.2013 to 07.01.2019), rejecting the LDA's attempt to exclude time spent in arbitration, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement.
Delay condonation
The Tribunal heard arguments regarding the appellant's challenge to a compensation order, specifically focusing on whether civil disturbances exempt the developer from delay interest and whether the relief granted exceeded the original prayer.
Delay condonation
The Tribunal directed that the appeal be listed for consideration of a condonation of delay application and to be heard alongside cross-appeal No. 185/2021 on 22.04.2022.
Further Order
The Tribunal granted the appellant ten days to file a reply to the objections raised by the respondent and scheduled the matter for March 23, 2022.
Defect Removal
The Tribunal directed the appellant to complete service steps for the respondent within three days and scheduled the case for further orders on 21.01.2022.
Tribunal Order #0901126030802021-30-06-2022
The Tribunal partially allowed the allottee's appeal by modifying the original order to grant interest for the entire delay period (08.12.2013 to 07.01.2019), rejecting the LDA's attempt to exclude time spent in arbitration, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement.
Tribunal Order #0901126030802021-22-04-2022
The Tribunal heard arguments regarding the appellant's challenge to a compensation order, specifically focusing on whether civil disturbances exempt the developer from delay interest and whether the relief granted exceeded the original prayer.
Tribunal Disposal & Final Award Ruling
The Tribunal partially allowed the allottee's appeal by modifying the original order to grant interest for the entire delay period (08.12.2013 to 07.01.2019), rejecting the LDA's attempt to exclude time spent in arbitration, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement. Awarded in favor of Partial. Awarded interest rate: SBI's MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal partially allowed the allottee's appeal by modifying the original order to grant interest for the entire delay period (08.12.2013 to 07.01.2019), rejecting the LDA's attempt to exclude time spent in arbitration, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement.
Ruling Awarded To
Partial
Awarded Interest Rate
SBI's MCLR+1%
Interest Period
from 08.12.2013 to 07.01.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Saurabh Misra
Respondent Advocate(s)
- Hridesh Srivastava
Official RERA Tribunal Orders (2)
The Tribunal partially allowed the allottee's appeal by modifying the original order to grant interest for the entire delay period (08.12.2013 to 07.01.2019), rejecting the LDA's attempt to exclude time spent in arbitration, and directed the transfer of the promoter's pre-deposited amount to U.P. RERA for disbursement.
The Tribunal heard arguments regarding the appellant's challenge to a compensation order, specifically focusing on whether civil disturbances exempt the developer from delay interest and whether the relief granted exceeded the original prayer.
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