Appellant / Complainant
Lucknow Development Authority
Respondent
Suyash Gupta
₹25,70,000
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 0901126046892021 by Lucknow Development Authority against Suyash Gupta before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest (MCLR+1% per annum) to the respondent for delayed possession of a flat. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Further Hearing
The Tribunal heard arguments from both parties regarding the applicability of Section 18 and project brochure terms, subsequently reserving judgment on the appeal.
Further Hearing
The Tribunal adjourned the hearing to 08.07.2022 and directed the applicant's counsel to specifically address the grounds challenging the RERA order and provide supporting judgments.
Further Hearing
The Tribunal adjourned the hearing to 08.07.2022 and directed the counsel for the applicant to specifically address the grounds challenging the RERA order and provide supporting judgments.
Delay condonation
The Tribunal condoned the delay in filing the appeal as it was covered by the Supreme Court's Suo Moto orders regarding limitation extensions and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted a one-week extension to the appellant's counsel to file a reply to the respondent's objections due to personal illness.
Delay condonation
The Tribunal adjourned the proceeding due to the unavailability of the respondent's counsel and scheduled the case for May 18, 2022, to consider an application for condonation of delay.
Compliance of section 43(5)
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections regarding the condonation of delay and Section 43(5) deposits, scheduling the next hearing for April 15, 2022.
Compliance of section 43(5)
The Tribunal directed the appellant to verify the deposited amount for Section 43(5) compliance and correct any interest discrepancies, while granting the respondent one week to file objections regarding interest calculations and delay condonation.
Compliance of section 43(5)
The Tribunal directed the applicant (Lucknow Development Authority) to deposit the remaining required amount to comply with Section 43(5) of the Act, 2016, following discrepancies in the submitted CA Certificate.
Defect Removal
The Tribunal noted that the appellant failed to rectify registry defects and directed compliance with Section 43(5) of the Act before listing the case for further orders on 06.01.2022.
Tribunal Order #0901126046892021-26-08-2022
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest (MCLR+1% per annum) to the respondent for delayed possession of a flat. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126046892021-04-07-2022
The Tribunal condoned the delay in filing the appeal as it was covered by the Supreme Court's Suo Moto orders regarding limitation extensions and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126046892021-06-01-2022
The Tribunal directed the applicant (Lucknow Development Authority) to deposit the remaining required amount to comply with Section 43(5) of the Act, 2016, following discrepancies in the submitted CA Certificate.
Tribunal Order #0901126046892021-25-02-2022
The Tribunal directed the appellant to verify the deposited amount for Section 43(5) compliance and correct any interest discrepancies, while granting the respondent one week to file objections regarding interest calculations and delay condonation.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest (MCLR+1% per annum) to the respondent for delayed possession of a flat. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest (MCLR+1% per annum) to the respondent for delayed possession of a flat. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1% per annum
Interest Period
from 30.08.2015 to 07.08.2019
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surendra Kumar Sharma
Respondent Advocate(s)
- Suyash Gupta
Official RERA Tribunal Orders (4)
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority, upholding the Adjudicating Officer's order to pay interest (MCLR+1% per annum) to the respondent for delayed possession of a flat. The Tribunal further directed that the pre-deposited amount be transferred to U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal condoned the delay in filing the appeal as it was covered by the Supreme Court's Suo Moto orders regarding limitation extensions and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal directed the applicant (Lucknow Development Authority) to deposit the remaining required amount to comply with Section 43(5) of the Act, 2016, following discrepancies in the submitted CA Certificate.
The Tribunal directed the appellant to verify the deposited amount for Section 43(5) compliance and correct any interest discrepancies, while granting the respondent one week to file objections regarding interest calculations and delay condonation.
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