Appellant / Complainant
Lucknow Development Authority
Respondent
Himanshu Srivastava
₹24,40,000
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 0901126059962021 by Lucknow Development Authority against Himanshu Srivastava before up_rera.
for delivery of Judgment/Order
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Adjudicating Officer's order directing the payment of interest (MCLR+1%) to the respondent for delayed possession. The Tribunal further directed that the 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 the appellant (Lucknow Development Authority) and the respondent regarding a challenge to an Adjudicating Officer's order concerning possession timelines under Section 18 of the Act, after which judgment was reserved.
Delay condonation
The matter was listed for hearing, but since no one appeared on behalf of the applicant to press the case, the list was revised.
Delay condonation
The Tribunal adjourned the case to 11.05.2022 due to the appellant's counsel's illness and directed the appellant to reply to the respondent's objections within one week.
Delay condonation
The Tribunal granted a request for an adjournment to hear the application for condonation of delay and scheduled the matter for 21.04.2022.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the matter for March 28, 2022, to consider an application for condonation of delay.
Defect Removal
The Tribunal issued notice to the respondent via registered post and email and scheduled the matter for January 18, 2022, to address the limitation application and objections.
Tribunal Order #0901126059962021-09-12-2022
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Adjudicating Officer's order directing the payment of interest (MCLR+1%) to the respondent for delayed possession. The Tribunal further directed that the pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
Tribunal Order #0901126059962021-24-11-2022
The Tribunal heard arguments from both the appellant (Lucknow Development Authority) and the respondent regarding a challenge to an Adjudicating Officer's order concerning possession timelines under Section 18 of the Act, after which judgment was reserved.
Tribunal Disposal & Final Award Ruling
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Adjudicating Officer's order directing the payment of interest (MCLR+1%) to the respondent for delayed possession. The Tribunal further directed that the 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%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Adjudicating Officer's order directing the payment of interest (MCLR+1%) to the respondent for delayed possession. The Tribunal further directed that the 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%
Interest Period
from 20.08.2013 to 18.12.2018
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surendra Kumar Sharma
Respondent Advocate(s)
- Hridesh Srivastava
Official RERA Tribunal Orders (2)
The Uttar Pradesh Real Estate Appellate Tribunal dismissed the appeal filed by Lucknow Development Authority and upheld the Adjudicating Officer's order directing the payment of interest (MCLR+1%) to the respondent for delayed possession. The Tribunal further directed that the pre-deposited amount be transferred to the U.P. RERA for disbursement to the allottee during execution proceedings.
The Tribunal heard arguments from both the appellant (Lucknow Development Authority) and the respondent regarding a challenge to an Adjudicating Officer's order concerning possession timelines under Section 18 of the Act, after which judgment was reserved.
Need to research all rulings for a builder?
Extract builder dossiers, check execution status, and draft RERA appeal petitions in minutes using TathyaGrid.