Appellant / Complainant
Lucknow Development Authority
Respondent
Shriram Tiwari, Jyoti Tiwari
Appellant
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 0901126060862022 by Lucknow Development Authority against Shriram Tiwari, Jyoti Tiwari before up_rera.
for delivery of Judgment/Order
The Tribunal allowed eight appeals and set aside the Adjudicating Officer's orders, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination lies exclusively with the Regulatory Authority.
Delay condonation
The Tribunal condoned a 29-day delay in filing the appeal, noting that the impugned order prima facie appeared to be passed without jurisdiction, and directed the Registry to convert the defective appeal into a regular one for hearing on merits.
Delay condonation
The Tribunal closed the applicant's opportunity to file a better affidavit for condonation of delay due to non-compliance and scheduled the defective appeal for hearing on 21.05.2024.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit and scheduled the defective appeal for hearing on May 7, 2024, regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit regarding their application for condonation of delay and rescheduled the hearing for April 8, 2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the matter for 04.03.2024 to consider the application for condonation of delay.
Delay condonation
The Tribunal closed the applicant's opportunity to file a reply to the respondent's objections due to failure to comply with previous directions and scheduled the matter for hearing on the application for condonation of delay on 06.02.2024.
Delay condonation
The Tribunal granted the appellant one week to file a reply to the respondent's objections and scheduled the matter for hearing on 28.09.2023 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted a 10-day extension for filing a reply to the objection regarding the application for condonation of delay and scheduled the hearing for August 17, 2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and directed the LDA to file objections in the cross-appeal within 10 days, scheduling the next hearing for May 9, 2023.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the hearing for March 28, 2023, alongside a cross-appeal.
Delay condonation
The Tribunal granted the appellant 10 days to file a reply to the respondent's objections and scheduled the case for hearing on March 3, 2023.
Delay condonation
The Tribunal granted the respondents 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the next hearing for January 31, 2023.
Delay condonation
The Tribunal issued notice to the respondents regarding the appellant's application for condonation of a 66-day delay in filing the appeal and scheduled the matter for hearing on 28.11.2022.
Tribunal Order #0901126060862022-24-05-2024
The Tribunal allowed eight appeals and set aside the Adjudicating Officer's orders, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination lies exclusively with the Regulatory Authority.
Tribunal Order #0901126060862022-21-05-2024
The Tribunal condoned a 29-day delay in filing the appeal, noting that the impugned order prima facie appeared to be passed without jurisdiction, and directed the Registry to convert the defective appeal into a regular one for hearing on merits.
Tribunal Order #0901126060862022-05-01-2024
The Tribunal closed the applicant's opportunity to file a reply to the respondent's objections due to failure to comply with previous directions and scheduled the matter for hearing on the application for condonation of delay on 06.02.2024.
Tribunal Order #0901126060862022-07-05-2024
The Tribunal closed the applicant's opportunity to file a better affidavit for condonation of delay due to non-compliance and scheduled the defective appeal for hearing on 21.05.2024.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed eight appeals and set aside the Adjudicating Officer's orders, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination lies exclusively with the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed eight appeals and set aside the Adjudicating Officer's orders, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination lies exclusively with the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Khare
Respondent Advocate(s)
- Harish Pandey
- Aahuti Agarwal
- Isha Asthana
Official RERA Tribunal Orders (4)
The Tribunal allowed eight appeals and set aside the Adjudicating Officer's orders, ruling that the Adjudicating Officer lacks jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination lies exclusively with the Regulatory Authority.
The Tribunal condoned a 29-day delay in filing the appeal, noting that the impugned order prima facie appeared to be passed without jurisdiction, and directed the Registry to convert the defective appeal into a regular one for hearing on merits.
The Tribunal closed the applicant's opportunity to file a reply to the respondent's objections due to failure to comply with previous directions and scheduled the matter for hearing on the application for condonation of delay on 06.02.2024.
The Tribunal closed the applicant's opportunity to file a better affidavit for condonation of delay due to non-compliance and scheduled the defective appeal for hearing on 21.05.2024.
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