1. This is a reference under Section 5 of the Court Fees Act, 1870 (hereinafter the Act) arising in an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the R.E.R.A.).

2. The appellant is a real estate promoter that has launched a group housing project Renessa (later renamed as Romano) in Sector-119, Noida in the year 2012. The respondent Subrat Sen appears to have booked an apartment in the aforesaid project of the appellant. He made a complaint on 28.12.2017 before the U.P. Real Estate Regulatory Authority under Section 31 of the R.E.R.A. against the appellant.

3. The complaint on contest was decided on 15.03.2018 and the appellant was directed to refund the entire principal amount of Rs.14,12,402/- with 2% interest and to pay compensation of Rs.3,20,000/-to the respondent.

4. The aforesaid order of the R.E.R.A. was challenged by the appellant by filing an appeal under Section 44 of the R.E.R.A. before the Real Estate Appellate Tribunal (Appellate Tribunal). The appeal was filed with the delay of 3 days. The