Appellant / Complainant
Lucknow Development Authority
Respondent
Arun
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 0901126048112021 by Lucknow Development Authority against Arun before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal against a delay interest order and directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Hearing
The Tribunal heard arguments from both parties regarding the appeal against the Regulatory Authority's order and subsequently reserved the judgment for future pronouncement.
Hearing
The Tribunal noted that the appeal was wrongly listed for today's date and ordered it to be rescheduled to its previously fixed date of 27.07.2022.
Delay condonation
The Tribunal condoned the delay in filing the appeal, citing 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 an adjournment requested by the appellant's counsel due to personal illness and directed the applicant to file a reply to the respondent's objections before the next hearing on 08.07.2022.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to personal illness and rescheduled the hearing for 19.05.2022, directing the applicant to reply to the respondent's objections via email.
Delay condonation
The Tribunal directed the Registry to rectify a filing error regarding the respondent's objection and ordered the appellant to file a reply to said objection within one week.
Delay condonation
The Tribunal granted the respondent a 10-day extension to file objections to the application for condonation of delay and grounds of appeal, with the matter scheduled for hearing on 13.04.2022.
Delay condonation
The Tribunal acknowledges the applicant's compliance with Section 43(5) of the Act regarding the deposit of the remaining 70% amount and issues notice to the respondent for the next hearing on 29.03.2022.
Delay condonation
The Tribunal issued a notice to the respondent via registered post and email and scheduled the defective appeal for 20.01.2022 to address the limitation application.
Delay condonation
The Tribunal directed the appellant to comply with Section 43(5) of the Act, 2016, in accordance with the Supreme Court's ruling in M/s Newtech Promoters and Developers Pvt. Ltd. vs. State of U.P., noting that the appeal was filed late and lacked statutory compliance.
Tribunal Order #0901126048112021-08-09-2022
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal against a delay interest order and directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126048112021-03-03-2022
The Tribunal acknowledges the applicant's compliance with Section 43(5) of the Act regarding the deposit of the remaining 70% amount and issues notice to the respondent for the next hearing on 29.03.2022.
Tribunal Order #0901126048112021-08-07-2022
The Tribunal condoned the delay in filing the appeal, citing 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 #0901126048112021-26-11-2021
The Tribunal directed the appellant to comply with Section 43(5) of the Act, 2016, in accordance with the Supreme Court's ruling in M/s Newtech Promoters and Developers Pvt. Ltd. vs. State of U.P., noting that the appeal was filed late and lacked statutory compliance.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal against a delay interest order and directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal against a delay interest order and directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1 percent
Interest Period
from 01.09.2014 till obtaining of OC/CC of the project or issuance of the letter for registration i.e. 11.07.2019, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surendra Kumar Sharma
Respondent Advocate(s)
- Atul Tripathi
- Vikas Kumar Verma
- Gautam Johri
Official RERA Tribunal Orders (4)
The Appellate Tribunal dismissed the Lucknow Development Authority's appeal against a delay interest order and directed that the promoter's pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal acknowledges the applicant's compliance with Section 43(5) of the Act regarding the deposit of the remaining 70% amount and issues notice to the respondent for the next hearing on 29.03.2022.
The Tribunal condoned the delay in filing the appeal, citing 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 appellant to comply with Section 43(5) of the Act, 2016, in accordance with the Supreme Court's ruling in M/s Newtech Promoters and Developers Pvt. Ltd. vs. State of U.P., noting that the appeal was filed late and lacked statutory compliance.
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