Appellant / Complainant
Upma Mathur
Respondent
Floral Realcon Pvt Ltd
floral realcon pvt ltd
₹64,88,640
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 0901126002922023 by Upma Mathur against Floral Realcon Pvt Ltd before up_rera.
Re-Hearing
The Appellate Tribunal set aside and quashed the Regulatory Authority's order that modified a decree under Section 39, ruling that Section 39 is limited to clerical errors and cannot be used to amend the substantive part of an order.
Re-Hearing
The Tribunal granted a final opportunity to the respondent to file an application under Section 39 of the Act and scheduled the matter for orders on 14.05.2025 due to repeated requests for adjournment.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on April 9, 2025.
Notice
The Tribunal has scheduled the case for orders or hearing on March 12, 2025.
For Order
The Tribunal directed the Registry to issue notice to the appellant regarding the fixed date and scheduled the appeal for hearing on 14.02.2025.
For Order
The Tribunal heard arguments from both counsels regarding Appeal-57/2023 and has reserved the judgment for further consideration.
For Order
The Tribunal received the RERA records and, upon the joint request of the counsels for both parties, adjourned the appeal for hearing to 12.09.2024.
Delay condonation
The Tribunal has ordered the summoning of the RERA records to determine whether proper notice was served to the appellant prior to the impugned order dated 16.06.2022.
Delay condonation
The court granted a request from the counsels for both parties to adjourn the matter and rescheduled the appeal for hearing on 25.07.2024.
Delay condonation
The Tribunal allowed the application for condonation of delay, ruling that the appeal was filed within the limitation period, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the respondent one week to file objections to the application for condonation of delay and scheduled the matter for hearing on 10.04.2024.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel due to a family health issue and scheduled the hearing for the application for condonation of delay on 06.03.2024.
Delay condonation
The Tribunal has listed a defective appeal for consideration of a condonation of delay application and a subsequent hearing on 03.11.2023.
Delay condonation
The Tribunal has rescheduled the hearing for the defective appeal to 21.09.2023 to consider the application for condonation of delay, following a joint request from both parties' counsel.
Delay condonation
The Tribunal granted the applicant one week to file a reply to the respondent's objections and scheduled the matter for hearing on August 23, 2023, regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent three days to file objections against the delay condonation application and grounds of appeal, scheduling the next hearing for July 5, 2023.
Delay condonation
The Tribunal granted a final 10-day extension to the respondent to file objections to the application for condonation of delay and the grounds of appeal, along with their Vakalatnama.
Delay condonation
The Tribunal granted an adjournment following a request from the appellant's counsel and set a timeline for the respondent to file objections to the application for condonation of delay and the grounds of appeal.
Tribunal Order #0901126002922023-13-05-2024
The Tribunal allowed the application for condonation of delay, ruling that the appeal was filed within the limitation period, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126002922023-14-05-2025
The Appellate Tribunal set aside and quashed the Regulatory Authority's order that modified a decree under Section 39, ruling that Section 39 is limited to clerical errors and cannot be used to amend the substantive part of an order.
Tribunal Order #0901126002922023-25-07-2024
The Tribunal has ordered the summoning of the RERA records to determine whether proper notice was served to the appellant prior to the impugned order dated 16.06.2022.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside and quashed the Regulatory Authority's order that modified a decree under Section 39, ruling that Section 39 is limited to clerical errors and cannot be used to amend the substantive part of an order. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside and quashed the Regulatory Authority's order that modified a decree under Section 39, ruling that Section 39 is limited to clerical errors and cannot be used to amend the substantive part of an order.
Ruling Awarded To
Appellant
Interest Period
till furnishing of OC/CC or offer of possession, whichever is later
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surangama Sharma
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (3)
The Tribunal allowed the application for condonation of delay, ruling that the appeal was filed within the limitation period, and directed the Registry to convert the defective appeal into a regular appeal.
The Appellate Tribunal set aside and quashed the Regulatory Authority's order that modified a decree under Section 39, ruling that Section 39 is limited to clerical errors and cannot be used to amend the substantive part of an order.
The Tribunal has ordered the summoning of the RERA records to determine whether proper notice was served to the appellant prior to the impugned order dated 16.06.2022.
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