Appellant / Complainant
Ashish Verma, Sandy Kundra Verma
Respondent
Sunworld Residency Pvt Ltd
sunworld residency pvt ltd
₹21,89,074
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 0901126002772019 by Ashish Verma, Sandy Kundra Verma against Sunworld Residency Pvt Ltd before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Regulatory Authority's order and directed the respondent to honor the buy-back clause of the Supplementary Agreement, settle the appellants' HDFC loan, and reimburse all EMIs paid by the appellants.
Final Hearing
The Tribunal decided to proceed with the hearing of the appeal based on existing records because the respondent failed to provide instructions to their counsel despite being notified of previous orders and the uploaded proceedings.
Final Hearing
The Tribunal decided to proceed ex-parte against the respondent due to their failure to provide instructions or appear despite multiple communications, and scheduled the matter for hearing on 20.11.2021 based on existing records.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to illness and rescheduled the hearing for 15.11.2021.
Hearing
The Tribunal decided to proceed ex parte against the respondent due to their repeated absence and lack of representation, scheduling an ex parte hearing for 28.10.2021.
Hearing
The Tribunal adjourned the appeal to 01.10.2021 as it was the first listing following the lifting of the lockdown and the respondent was not present.
Hearing
Due to the absence of the respondent, the Tribunal has adjourned the appeal and rescheduled the hearing for 06.04.2021.
Further Consideration
The Tribunal adjourned the appeal to 24.03.2021 and directed the parties to exchange pleadings in the interim.
For Order
The Tribunal adjourned the matter due to the absence of the respondent's counsel and rescheduled the hearing for March 3, 2021.
Arguments
The Tribunal granted the appellant three days to amend the memo of appeal and established a procedural timeline for the exchange of amended documents, objections, and replies via email and the e-portal.
Tribunal Order #0901126002772019-20-11-2021
The Tribunal decided to proceed with the hearing of the appeal based on existing records because the respondent failed to provide instructions to their counsel despite being notified of previous orders and the uploaded proceedings.
Tribunal Order #0901126002772019-21-03-2022
The Tribunal set aside the Regulatory Authority's order and directed the respondent to honor the buy-back clause of the Supplementary Agreement, settle the appellants' HDFC loan, and reimburse all EMIs paid by the appellants.
Tribunal Order #0901126002772019-15-11-2021
The Tribunal decided to proceed ex-parte against the respondent due to their failure to provide instructions or appear despite multiple communications, and scheduled the matter for hearing on 20.11.2021 based on existing records.
Tribunal Order #0901126002772019-01-10-2021
The Tribunal decided to proceed ex parte against the respondent due to their repeated absence and lack of representation, scheduling an ex parte hearing for 28.10.2021.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order and directed the respondent to honor the buy-back clause of the Supplementary Agreement, settle the appellants' HDFC loan, and reimburse all EMIs paid by the appellants. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order and directed the respondent to honor the buy-back clause of the Supplementary Agreement, settle the appellants' HDFC loan, and reimburse all EMIs paid by the appellants.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1 percent
Interest Period
from the date of deposit till the date of actual payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Suchita Singh
Respondent Advocate(s)
- Vipul Gupta
Official RERA Tribunal Orders (4)
The Tribunal decided to proceed with the hearing of the appeal based on existing records because the respondent failed to provide instructions to their counsel despite being notified of previous orders and the uploaded proceedings.
The Tribunal set aside the Regulatory Authority's order and directed the respondent to honor the buy-back clause of the Supplementary Agreement, settle the appellants' HDFC loan, and reimburse all EMIs paid by the appellants.
The Tribunal decided to proceed ex-parte against the respondent due to their failure to provide instructions or appear despite multiple communications, and scheduled the matter for hearing on 20.11.2021 based on existing records.
The Tribunal decided to proceed ex parte against the respondent due to their repeated absence and lack of representation, scheduling an ex parte hearing for 28.10.2021.
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