Court No. - 6 Case :- RERA APPEAL No. - 63 of 2023 Appellant :- Akhilesh Sharan Srivastava Respondent :- U.P. Avas Evam Vikas Parishad Lucknow Counsel for Appellant :- Jitendra Narain Mishra Counsel for Respondent :- Shikhar Srivastava AND Case :- RERA APPEAL No. - 64 of 2023 Appellant :- U.P Awas Evam Viaks Pari. Thru. Hous. Comm. Regis. Lko. Respondent :- Akhilesh Sharan Srivastava Counsel for Appellant :- Shikhar Srivastava Counsel for Respondent :- Jitendra Narain Mishra Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the appellant-allottee and learned Counsel appearing on behalf of Awas Evam Vikas Parishad. 2. Both the appeals arise out of a common order dated 29.09.2022, as such, the same are being decided by means of this common judgment. 3. The RERA Appeal No.63 of 2023 was admitted vide order dated 12.11.2024 on the following questions of law: "(i) Whether the appellant is eligible for delay interest from the date of assured completion of the construction of flat, that is 08.06.2015, determined from the date of initial allotment of the 2BHK flat on 8.01.2013, till the delivery of possession on 12.08.2018, in view of the assurance of completion of the construction of flat as per clause 9.1 of the Information Brochure within 28 months from the date of allotment? (ii) Whether, learned REAT was legally justified in depriving the appellant of the delay interest for the period between 08.06.2015, that is the date of assured completion of the construction of flat as per Clause 9.1 of the Information Brochure and second allotment of 2 BHK on 12.04.2017, though consequence of the delay on the part of the respondent? (iii) Whether the learned REAT was legally justified in holding the appellant responsible for the delay in delivery of possession of the 2BHK flat till 12.04.2017, though from the records it is the evident that if the flat had been constructed and possession had been delivered by 8.01.205, that is, after 28 months of the initial allotment on 8.01.2013, then the situation of re-applying for flat on 02.09.2016 would not have arisen? " 4. Similarly, the RERA Appeal No.64 of 2023 was also admitted on the same day i.e. vide order dated 12.11.2024 on the following questions of law: "i. Whether the Respondent is entitled for the compensation for the period granted by the Learned Tribunal i.e. 12.04.2017 to 05.07.2018, while observing the fact that last change of Unit was made on 12.04.2017 by the Respondent himself and thus, the period of 28 months ought to have been calculated since 12.04.2017 and not from any previous date? ii. Whether the Learned Tribunal before awarding compensation for the aforementioned period, followed the parameters mentioned under Section 72 of the RERA Act?" 5. After hearing the argument at length, both the parties raised issue with regard to the grant of interest. 6. Submission of the Counsel for the appellants is that the appellant-allottee had applied for grant of compensation and the RERA Tribunal had granted the interest prescribed under Section 18(1) of the UP RERA Act with directions to pay interest for the period 12.04.2017 till 05.07.2018 at the rate of State Bank of India's MCLR + 1%. 7. The request for grant of compensation was not considered in favour of the allottee. 8. The Counsel for the builder argues that the grant of interest was not justified in view of the fact that there was no delay in possession in view of the subsequent request made by the allottee. 9. Considering the fact that only the interest as prescribed in terms of the second proviso of Section 18 have been ordered, no reason exists to interfere with the impugned judgment on questions of law as framed and extracted above. 10. I also do not see any reason to interfere with the impugned order dated 21.09.2022 except the amount as directed to be paid in the impugned award dated 29.09.2022. 11. Hence, the respondent-U.P Awas Evam Viaks Parishad is directed to pay the delay interest to the allottee as awarded by the RERA Appellate Tribunal vide impugned award dated 29.09.2022. 12. In addition to that the respondent-U.P Awas Evam Viaks Parishad shall also pay delay interest at the same rate i.e. MCLR + 1% from 30.09.2022 till the actual payment/ realization to the allottee. 13. In view of above, both the appeals are disposed off. Order Date :- 21.8.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench