Appellant / Complainant
Lucknow Development Authority
Respondent
Pratibha Gupta, Ravendra Gupta
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 0901126052822021 by Lucknow Development Authority against Pratibha Gupta, Ravendra Gupta before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority (LDA), upholding the Regulatory Authority's order to deliver possession and pay interest at MCLR+1% for the delay. The Tribunal further directed that the pre-deposited amount by the promoter be transferred to U.P. RERA for disbursement to the allottees during execution proceedings.
Delay condonation
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and proceeded to hear arguments regarding the respondent's entitlement to a 9% simple interest refund due to delayed possession.
Delay condonation
The Tribunal directed the Registry to advise both the appellant and respondent to rectify filing defects by uploading applications for condonation of delay and objections within one week, and scheduled the matter for hearing on 26.04.2022.
Delay condonation
The Tribunal directed the respondents to email their objections regarding the condonation of delay and grounds of appeal to the applicant within 24 hours due to technical visibility issues on the e-portal.
Notice
The Tribunal directed the respondent to file objections to the grounds of appeal within 10 days and scheduled the matter for consideration of the application for condonation of delay on 06.04.2022.
Rest deposit Amount under 43(5) of the Act
The Tribunal issued notice to the respondents regarding an application for condonation of delay and directed the applicant to serve the notice via speed-post and email.
Rest deposit Amount under 43(5) of the Act
No text available.
Defect Removal
The Tribunal identified that the appellant failed to comply with the mandatory provisions of Section 43(5) of the Act and directed them to rectify this defect before the next hearing date.
Tribunal Order #0901126052822021-30-06-2022
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority (LDA), upholding the Regulatory Authority's order to deliver possession and pay interest at MCLR+1% for the delay. The Tribunal further directed that the pre-deposited amount by the promoter be transferred to U.P. RERA for disbursement to the allottees during execution proceedings.
Tribunal Order #0901126052822021-26-04-2022
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and proceeded to hear arguments regarding the respondent's entitlement to a 9% simple interest refund due to delayed possession.
Tribunal Order #0901126052822021-08-12-2021
The Tribunal identified that the appellant failed to comply with the mandatory provisions of Section 43(5) of the Act and directed them to rectify this defect before the next hearing date.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority (LDA), upholding the Regulatory Authority's order to deliver possession and pay interest at MCLR+1% for the delay. The Tribunal further directed that the pre-deposited amount by the promoter be transferred to U.P. RERA for disbursement to the allottees during execution proceedings. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority (LDA), upholding the Regulatory Authority's order to deliver possession and pay interest at MCLR+1% for the delay. The Tribunal further directed that the pre-deposited amount by the promoter be transferred to U.P. RERA for disbursement to the allottees during execution proceedings.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 04.12.2012 till the receipt of OC/CC i.e. 06.02.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Yogendra Sharma
Respondent Advocate(s)
- Umesh Chandra Chaturvedi
Official RERA Tribunal Orders (3)
The Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority (LDA), upholding the Regulatory Authority's order to deliver possession and pay interest at MCLR+1% for the delay. The Tribunal further directed that the pre-deposited amount by the promoter be transferred to U.P. RERA for disbursement to the allottees during execution proceedings.
The Tribunal condoned the delay in filing the appeal based on Supreme Court precedents and proceeded to hear arguments regarding the respondent's entitlement to a 9% simple interest refund due to delayed possession.
The Tribunal identified that the appellant failed to comply with the mandatory provisions of Section 43(5) of the Act and directed them to rectify this defect before the next hearing date.
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