Appellant / Complainant
Vinay Kumar Gupta, Seema Malhotra
Respondent
Lucknow Development Authority
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 0901126036432021 by Vinay Kumar Gupta, Seema Malhotra against Lucknow Development Authority before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal partially allowed the allottee's appeal and dismissed the developer's cross-appeal, directing the Lucknow Development Authority to pay interest at MCLR+1% for the delayed possession period from 24.12.2012 to 14.10.2021.
Hearing
The Tribunal heard arguments from both the appellant and the Lucknow Development Authority regarding discrepancies in possession dates and refund clauses, ultimately reserving judgment on the matter.
Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the hearing for December 12, 2022.
Hearing
The Tribunal ordered that Appeal-591/2021 be transferred to Bench No. 1 for a hearing on 16.11.2022, following the precedent of a similar disposed appeal.
Hearing
The Tribunal noted the absence of the appellant and directed them to appear at the next hearing, scheduling the matter for 18.10.2022 alongside cross Appeal No. 914/2021.
Hearing
The Tribunal granted the appellant a one-week extension to file certain documents and scheduled the matter for further orders on 14.09.2022.
Hearing
The Tribunal granted the appellant's request to file additional documents and adjourned the matter to 16.08.2022 for hearing.
Hearing
The Tribunal granted the appellant permission to file additional documents within 15 days and directed both parties to exchange concise written arguments before the next hearing date on 05.07.2022.
to file objections and its reply
The Tribunal granted the appellant one week to file a reply to the respondent's objections and directed that copies be emailed to the respondent before filing in the Registry. The matter is scheduled for final hearing on 27.04.2022.
Further Order
The Tribunal granted the appellant permission to file a rejoinder affidavit before the next hearing and scheduled the case for further orders on 18.04.2022.
Further Order
The Tribunal granted the appellant permission to file a replication/rejoinder to the respondent's reply and scheduled the matter for further orders on 17.01.2022.
Further Order
The Tribunal granted the respondent a final opportunity to file their Vakalatnama and reply to the grounds of appeal before the next hearing on 14.12.2021.
Notice
The Tribunal noted the appearance of new counsel for the respondent and directed him to file a Vakalat Nama and reply to the appeal by the next hearing date.
Hearing on Appeal
The Tribunal noted that the appeal is within time and directed the issuance of notice to the respondent via registered post and e-mail, scheduling the next hearing for 22.10.2021.
Tribunal Order #0901126036432021-31-05-2023
The Appellate Tribunal partially allowed the allottee's appeal and dismissed the developer's cross-appeal, directing the Lucknow Development Authority to pay interest at MCLR+1% for the delayed possession period from 24.12.2012 to 14.10.2021.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal partially allowed the allottee's appeal and dismissed the developer's cross-appeal, directing the Lucknow Development Authority to pay interest at MCLR+1% for the delayed possession period from 24.12.2012 to 14.10.2021. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% p.a..
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal partially allowed the allottee's appeal and dismissed the developer's cross-appeal, directing the Lucknow Development Authority to pay interest at MCLR+1% for the delayed possession period from 24.12.2012 to 14.10.2021.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% p.a.
Interest Period
from 24.12.2012 to 14.10.2021
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Mohd Zafar Khan
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (1)
The Appellate Tribunal partially allowed the allottee's appeal and dismissed the developer's cross-appeal, directing the Lucknow Development Authority to pay interest at MCLR+1% for the delayed possession period from 24.12.2012 to 14.10.2021.
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