Appellant / Complainant
Sunworld Residency Private Limited
Respondent
Saurabh Gupta
sunworld residency private limited
₹1,04,86,466
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 0901126030222022 by Sunworld Residency Private Limited against Saurabh Gupta before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Sunworld Residency Private Limited, upholding the Regulatory Authority's rejection of a rectification application under Section 39 of the RERA Act and confirming that no excess amount was recovered during the execution of the original refund order.
Delay condonation
The Tribunal heard arguments from both counsels regarding the appeal and has reserved the judgment for further delivery.
Delay condonation
The Tribunal granted an adjournment requested by both parties and rescheduled the appeal for hearing on 28.02.2025.
Delay condonation
The Tribunal has adjourned the appeal to 05.02.2025 for orders or hearing upon the request of the learned counsel for the parties.
Delay condonation
The Tribunal granted a final seven-day extension to the respondent to file objections and scheduled the matter for orders on 27.01.2025.
Delay condonation
The Tribunal directed the respondent to file objections regarding the receipt of a delay condonation email and ordered the Registry to seek a report from the Regulatory Authority to verify the authenticity of said email.
Hearing
The Tribunal has scheduled the defective appeal for consideration of a condonation of delay application and a subsequent hearing on December 13, 2024, following a joint request from the counsels.
Hearing
The Tribunal has scheduled the defective appeal for consideration regarding the application for condonation of delay and a subsequent hearing on 14-11-2024, following a joint request from both counsels.
Hearing
The Tribunal granted a final opportunity to the respondent to argue the appeal and scheduled the matter for consideration of condonation of delay and final hearing on 25.10.2024, warning that no further adjournments will be permitted.
Hearing
The Tribunal granted a request for adjournment due to the respondent's counsel being unavailable at the High Court and rescheduled the hearing for 16.08.2024.
Hearing
The Tribunal noted the absence of both parties and ordered that the defective appeal be listed for orders on 23.07.2024.
Hearing
The Tribunal granted the respondent one week to file objections to the amended portion of the appeal and directed the exchange of soft copies via email before listing the matter for hearing on 23.05.2024.
Hearing
The Tribunal allowed the appellant's application (IA No. 2783/2023) to amend the grounds of appeal and the prayer clause to bring additional documents on record.
Hearing
The Tribunal granted a request to reschedule the hearing of a defective appeal to 18.03.2024 due to the sanctioned leave of the respondent's counsel.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the hearing for consideration of the application for condonation of delay on 11.03.2024.
Hearing
The Tribunal granted the respondent ten days to file objections to a proposed amendment application and directed the parties to exchange documents via email before the next hearing on 01.11.2023.
Hearing
The Tribunal granted a request for urgency and scheduled the defective appeal for consideration of the application for condonation of delay on 19.09.2023.
Hearing
The Tribunal issued a procedural order listing the matter for a hearing on 27.07.2023.
Hearing
The Tribunal granted a request from both parties' counsel to adjourn the matter, rescheduling the hearing for July 21, 2023.
Hearing
Upon the joint request of the counsels for both parties, the tribunal has rescheduled the hearing for this defective appeal to 20.07.2023.
Hearing
The Tribunal granted the respondent a 10-day extension to comply with previous orders dated 15.05.2023 and 29.05.2023, and scheduled the next hearing for 13.07.2023.
Hearing
The Tribunal granted an adjournment request from the respondent's counsel due to vacation and rescheduled the hearing for July 3, 2023, noting that no further adjournments would be permitted.
Hearing
The Tribunal took serious note of the respondent's non-compliance with the order dated 15.05.2023 and granted a final 7-day deadline for compliance.
Hearing
The Tribunal directed both parties to submit a Chartered Accountant's report calculating interest on payments made by the respondent (direct payments and EMIs) following a recovery of Rs. 2.5 crores.
Hearing
The Tribunal granted the applicant's request for an expedited hearing due to previous adjournments and scheduled the case for orders/hearing on 15.05.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for orders/hearing on 05.05.2023.
For Order
The Tribunal noted the receipt of records from the Regulatory Authority and adjourned the matter to 13.04.2023 for orders/hearing due to the respondent's counsel being on leave.
For Order
The Tribunal directed the Registrar to summon the records of the recovery proceedings initiated by the Regulatory Authority to investigate whether an application for rectification of a calculation error in a recovery certificate was improperly rejected.
For Order
The Tribunal granted the appellant 10 days to place the rectification application on record and adjourned the matter to 14.03.2023 for orders.
For Order
The Tribunal granted a request for urgency and rescheduled the matter to be listed on 28.02.2023.
For Order
The Tribunal granted the respondent 24 hours to upload objections on the e-portal and allowed the applicant three days to file a reply upon receipt, scheduling the next hearing for 24.02.2023.
For Order
The Tribunal identified a clerical error where an order from another case was incorrectly pasted into the file and directed the respondent to file a reply to the grounds of appeal before the next hearing on 13.12.2022.
For Order
The Tribunal disposed of an infructuous interim application and allowed the appellant's amendment application, directing the incorporation of amendments into the memo of appeal.
Notice
The Tribunal declared service upon the respondent sufficient and granted a 10-day extension for filing objections, with a warning that the matter will proceed ex parte if no appearance or objections are filed by the next hearing on 18.10.2022.
Notice
The Tribunal has scheduled the appeal for orders/hearing on 30.09.2022.
Notice
The Tribunal noted that notice had not yet been served upon the respondent and ordered the defective appeal to be listed on 28.09.2022 for further orders.
Hearing
The Tribunal noted the respondent's refusal of service and ordered that notice be re-sent via email and speed post, adjourning the matter to 12.09.2022.
Defect Removal
The Tribunal issued notice to the respondent regarding the appeal filed by Sunworld Residency Private Limited and directed the applicant to serve the notice via speed-post and email.
Tribunal Order #0901126030222022-15-05-2023
The Tribunal directed both parties to submit a Chartered Accountant's report calculating interest on payments made by the respondent (direct payments and EMIs) following a recovery of Rs. 2.5 crores.
Tribunal Order #0901126030222022-29-05-2023
The Tribunal took serious note of the respondent's non-compliance with the order dated 15.05.2023 and granted a final 7-day deadline for compliance.
Tribunal Order #0901126030222022-30-09-2022
The Tribunal declared service upon the respondent sufficient and granted a 10-day extension for filing objections, with a warning that the matter will proceed ex parte if no appearance or objections are filed by the next hearing on 18.10.2022.
Tribunal Order #0901126030222022-23-07-2025
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Sunworld Residency Private Limited, upholding the Regulatory Authority's rejection of a rectification application under Section 39 of the RERA Act and confirming that no excess amount was recovered during the execution of the original refund order.
Tribunal Order #0901126030222022-13-12-2024
The Tribunal directed the respondent to file objections regarding the receipt of a delay condonation email and ordered the Registry to seek a report from the Regulatory Authority to verify the authenticity of said email.
Tribunal Order #0901126030222022-19-09-2024
The Tribunal granted a final opportunity to the respondent to argue the appeal and scheduled the matter for consideration of condonation of delay and final hearing on 25.10.2024, warning that no further adjournments will be permitted.
Tribunal Order #0901126030222022-18-03-2024
The Tribunal allowed the appellant's application (IA No. 2783/2023) to amend the grounds of appeal and the prayer clause to bring additional documents on record.
Tribunal Order #0901126030222022-14-03-2023
The Tribunal directed the Registrar to summon the records of the recovery proceedings initiated by the Regulatory Authority to investigate whether an application for rectification of a calculation error in a recovery certificate was improperly rejected.
Tribunal Order #0901126030222022-16-11-2022
The Tribunal identified a clerical error where an order from another case was incorrectly pasted into the file and directed the respondent to file a reply to the grounds of appeal before the next hearing on 13.12.2022.
Tribunal Order #0901126030222022-18-10-2022
The Tribunal disposed of an infructuous interim application and allowed the appellant's amendment application, directing the incorporation of amendments into the memo of appeal.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Sunworld Residency Private Limited, upholding the Regulatory Authority's rejection of a rectification application under Section 39 of the RERA Act and confirming that no excess amount was recovered during the execution of the original refund order. Awarded in favor of Respondent. Awarded interest rate: 24% per annum.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Sunworld Residency Private Limited, upholding the Regulatory Authority's rejection of a rectification application under Section 39 of the RERA Act and confirming that no excess amount was recovered during the execution of the original refund order.
Ruling Awarded To
Respondent
Awarded Interest Rate
24% per annum
Interest Period
from the date of deposit till date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Yadav
- Raj Singh
Respondent Advocate(s)
- Sunendra Kumar
Official RERA Tribunal Orders (10)
The Tribunal directed both parties to submit a Chartered Accountant's report calculating interest on payments made by the respondent (direct payments and EMIs) following a recovery of Rs. 2.5 crores.
The Tribunal took serious note of the respondent's non-compliance with the order dated 15.05.2023 and granted a final 7-day deadline for compliance.
The Tribunal declared service upon the respondent sufficient and granted a 10-day extension for filing objections, with a warning that the matter will proceed ex parte if no appearance or objections are filed by the next hearing on 18.10.2022.
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Sunworld Residency Private Limited, upholding the Regulatory Authority's rejection of a rectification application under Section 39 of the RERA Act and confirming that no excess amount was recovered during the execution of the original refund order.
The Tribunal directed the respondent to file objections regarding the receipt of a delay condonation email and ordered the Registry to seek a report from the Regulatory Authority to verify the authenticity of said email.
The Tribunal granted a final opportunity to the respondent to argue the appeal and scheduled the matter for consideration of condonation of delay and final hearing on 25.10.2024, warning that no further adjournments will be permitted.
The Tribunal allowed the appellant's application (IA No. 2783/2023) to amend the grounds of appeal and the prayer clause to bring additional documents on record.
The Tribunal directed the Registrar to summon the records of the recovery proceedings initiated by the Regulatory Authority to investigate whether an application for rectification of a calculation error in a recovery certificate was improperly rejected.
The Tribunal identified a clerical error where an order from another case was incorrectly pasted into the file and directed the respondent to file a reply to the grounds of appeal before the next hearing on 13.12.2022.
The Tribunal disposed of an infructuous interim application and allowed the appellant's amendment application, directing the incorporation of amendments into the memo of appeal.
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