Appellant / Complainant
Vardhman Infra Developers Pvt. Ltd.
Respondent
Saroj Gupta
vardhman infra developers pvt. ltd.
₹29,44,804
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 0901126012122020 by Vardhman Infra Developers Pvt. Ltd. against Saroj Gupta before up_rera.
For Order
The Tribunal directed that the pre-deposited amount of Rs. 29,44,804 made by the appellant be transferred to the U.P. Real Estate Regulatory Authority (U.P. RERA) for disbursement to the respondent/allottee during execution proceedings following the dismissal of the promoter's appeal.
For Order
The Tribunal directed the Registry to verify and report on the total amount deposited by the appellant towards compliance with Section 43(5) of the Act to facilitate a decision regarding the respondent's request for release of funds.
Delay condonation
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by M/s Vardhman Infra Developers Pvt. Ltd. due to non-compliance with the mandatory pre-deposit requirements under Section 43(5) of the RERA Act, 2016.
Compliance of section 43(5)
The Tribunal directed the appellant to deposit the remaining amount required for compliance with Section 43(5) of the Act, ruling that previously paid 'assured returns' cannot be deducted from the total refund and interest owed to the respondent.
Compliance of section 43(5)
The Tribunal granted a request to reschedule the hearing of the case to the following day, April 12, 2022.
Delay condonation
The Tribunal granted the appellant a final 10-day opportunity to deposit the remaining amount of Rs. 5,72,670/- to comply with Section 43(5) of the Act.
Delay condonation
The Tribunal granted the appellant's counsel one week to prepare arguments and cite precedents regarding an application for condonation of a 531-day delay, adjourning the matter to 22.03.2022.
Hearing
The Tribunal adjourned the matter to 21.01.2022 for consideration of an application for condonation of delay and further hearing.
Hearing
The Tribunal granted a short adjournment at the request of the appellant's counsel and scheduled the case for January 5, 2022, to dispose of the limitation application.
Hearing
The Tribunal directed the appellant to file an affidavit specifying their registered address and email ID used during RERA project registration to resolve disputes regarding service of notice. The matter is scheduled for hearing on the application for condonation of delay on 22.12.2021.
Hearing
The Tribunal granted the respondent 10 days to file an objection to the applicant's supplementary affidavit and application for condonation of delay, with a subsequent timeline set for replies and physical filing before the next hearing on December 6, 2021.
Delay condonation
The Tribunal granted the appellant a one-week extension to file a better affidavit regarding the application for condonation of delay and directed the Registry to summon the case records.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit regarding the condonation of delay and directed the Registry to summon the records from the original complaint.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to personal difficulty and rescheduled the case for hearing on 24.09.2021.
Hearing
The Tribunal directed the Registry to report on the deposit made under Section 43(5) of the Act and granted timelines for filing objections to the condonation of delay application and grounds of appeal.
For Order
The Tribunal directed the appellant to provide copies of the memo of appeal and condonation of delay application to the respondent, setting a timeline for filing objections and replies before the next hearing on 08.03.2021.
For Order
The appellant's counsel submitted that the remaining amount required for compliance with Section 43(5) of the Act would be deposited during the day, and the matter is scheduled for further hearing on 12.02.2021.
For Order
The appellant's counsel informed the Tribunal of partial compliance with Section 43(5) of the Act, stating that the remaining balance will be deposited within one week; the case is scheduled for next hearing on 05.02.2021.
Compliance of section 43(5)
The Tribunal granted the applicant a final 10-day extension to comply with Section 43(5) of the Act, warning that failure to achieve complete compliance by the next hearing will result in the dismissal of the appeal.
Tribunal Order #0901126012122020-31-01-2023
The Tribunal directed that the pre-deposited amount of Rs. 29,44,804 made by the appellant be transferred to the U.P. Real Estate Regulatory Authority (U.P. RERA) for disbursement to the respondent/allottee during execution proceedings following the dismissal of the promoter's appeal.
Tribunal Order #0901126012122020-06-12-2021
The Tribunal directed the appellant to file an affidavit specifying their registered address and email ID used during RERA project registration to resolve disputes regarding service of notice. The matter is scheduled for hearing on the application for condonation of delay on 22.12.2021.
Tribunal Order #0901126012122020-28-01-2021
The appellant's counsel informed the Tribunal of partial compliance with Section 43(5) of the Act, stating that the remaining balance will be deposited within one week; the case is scheduled for next hearing on 05.02.2021.
Tribunal Order #0901126012122020-09-01-2023
The Tribunal directed the Registry to verify and report on the total amount deposited by the appellant towards compliance with Section 43(5) of the Act to facilitate a decision regarding the respondent's request for release of funds.
Tribunal Order #0901126012122020-27-04-2022
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by M/s Vardhman Infra Developers Pvt. Ltd. due to non-compliance with the mandatory pre-deposit requirements under Section 43(5) of the RERA Act, 2016.
Tribunal Order #0901126012122020-12-04-2022
The Tribunal directed the appellant to deposit the remaining amount required for compliance with Section 43(5) of the Act, ruling that previously paid 'assured returns' cannot be deducted from the total refund and interest owed to the respondent.
Tribunal Order #0901126012122020-22-03-2022
The Tribunal granted the appellant a final 10-day opportunity to deposit the remaining amount of Rs. 5,72,670/- to comply with Section 43(5) of the Act.
Tribunal Order #0901126012122020-08-03-2021
The Tribunal directed the Registry to report on the deposit made under Section 43(5) of the Act and granted timelines for filing objections to the condonation of delay application and grounds of appeal.
Tribunal Order #0901126012122020-05-02-2021
The appellant's counsel submitted that the remaining amount required for compliance with Section 43(5) of the Act would be deposited during the day, and the matter is scheduled for further hearing on 12.02.2021.
Tribunal Order #0901126012122020-07-01-2021
The Tribunal granted the applicant a final 10-day extension to comply with Section 43(5) of the Act, warning that failure to achieve complete compliance by the next hearing will result in the dismissal of the appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal directed that the pre-deposited amount of Rs. 29,44,804 made by the appellant be transferred to the U.P. Real Estate Regulatory Authority (U.P. RERA) for disbursement to the respondent/allottee during execution proceedings following the dismissal of the promoter's appeal. The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by M/s Vardhman Infra Developers Pvt. Ltd. due to non-compliance with the mandatory pre-deposit requirements under Section 43(5) of the RERA Act, 2016. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal directed that the pre-deposited amount of Rs. 29,44,804 made by the appellant be transferred to the U.P. Real Estate Regulatory Authority (U.P. RERA) for disbursement to the respondent/allottee during execution proceedings following the dismissal of the promoter's appeal. The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by M/s Vardhman Infra Developers Pvt. Ltd. due to non-compliance with the mandatory pre-deposit requirements under Section 43(5) of the RERA Act, 2016.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Shuchita Singh
Respondent Advocate(s)
- Anilendra Pandey
Official RERA Tribunal Orders (10)
The Tribunal directed that the pre-deposited amount of Rs. 29,44,804 made by the appellant be transferred to the U.P. Real Estate Regulatory Authority (U.P. RERA) for disbursement to the respondent/allottee during execution proceedings following the dismissal of the promoter's appeal.
The Tribunal directed the appellant to file an affidavit specifying their registered address and email ID used during RERA project registration to resolve disputes regarding service of notice. The matter is scheduled for hearing on the application for condonation of delay on 22.12.2021.
The appellant's counsel informed the Tribunal of partial compliance with Section 43(5) of the Act, stating that the remaining balance will be deposited within one week; the case is scheduled for next hearing on 05.02.2021.
The Tribunal directed the Registry to verify and report on the total amount deposited by the appellant towards compliance with Section 43(5) of the Act to facilitate a decision regarding the respondent's request for release of funds.
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by M/s Vardhman Infra Developers Pvt. Ltd. due to non-compliance with the mandatory pre-deposit requirements under Section 43(5) of the RERA Act, 2016.
The Tribunal directed the appellant to deposit the remaining amount required for compliance with Section 43(5) of the Act, ruling that previously paid 'assured returns' cannot be deducted from the total refund and interest owed to the respondent.
The Tribunal granted the appellant a final 10-day opportunity to deposit the remaining amount of Rs. 5,72,670/- to comply with Section 43(5) of the Act.
The Tribunal directed the Registry to report on the deposit made under Section 43(5) of the Act and granted timelines for filing objections to the condonation of delay application and grounds of appeal.
The appellant's counsel submitted that the remaining amount required for compliance with Section 43(5) of the Act would be deposited during the day, and the matter is scheduled for further hearing on 12.02.2021.
The Tribunal granted the applicant a final 10-day extension to comply with Section 43(5) of the Act, warning that failure to achieve complete compliance by the next hearing will result in the dismissal of the appeal.
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