Appellant / Complainant
Subhash Chandra Sharma
Respondent
Omax India Trade Centre Pvt. Ltd.
omax india trade centre pvt. ltd.
₹2,14,552
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 0901126000252019 by Subhash Chandra Sharma against Omax India Trade Centre Pvt. Ltd. before up_rera.
Part Heard
The Tribunal allowed the appeal in part, directing the respondent to pay delay interest (MCLR+1%) from 17.06.2016 to 24.04.2025, refund Rs. 2,14,551.63 due to area reduction, execute the sub-lease deed, and hand over the unit in habitable condition.
Part Heard
The Tribunal has adjourned the appeal and scheduled it for hearing before an appropriate bench on 29.08.2025.
Part Heard
The Respondent promoter has assured the Tribunal that the unit will be made habitable, including the completion of flooring, within four weeks from the date of the order.
Part Heard
The Tribunal noted that physical possession of the unit has been handed over to the appellant and adjourned the matter to 23.05.2025, with a strict instruction that no further adjournments will be granted to the respondent.
Part Heard
The Tribunal directed the respondent promoter to execute the sub-lease/conveyance deed and hand over physical possession of the appellant's unit in a habitable condition within three weeks. The court also reserved consideration on issues regarding interest entitlements and disputed charges, requiring a personal affidavit of compliance from the promoter's officer.
Hearing
The Tribunal has scheduled the appeal for a final hearing on April 15, 2025, at 01:30 P.M. before the appropriate bench.
Hearing
The Tribunal scheduled the appeal for a hearing on its merits on 10.04.2025 and directed that no further adjournments shall be granted to the respondent.
Hearing
The Tribunal has adjourned the matter to 09.04.2025 for orders, following a joint request from the counsel for both parties.
Hearing
The Tribunal has scheduled the case for hearing/orders on 17.03.2025 and directed that pleadings be completed in the interim.
Hearing
The Tribunal allowed the appellant's applications (IA No. 2279/2024 and 2280/2024) to modify/review the order dated 21.05.2024, permitting the appellant to incorporate amendments regarding grounds and prayers, including the relief of possession.
Hearing
The Tribunal adjourned the appeal to 04.01.2025 at the request of the appellant's counsel and directed that no further adjournments shall be granted.
Hearing
The Tribunal granted the appellant three days to file a review/modification application and directed the respondent to file objections within one week, adjourning the matter to January 3, 2025.
Hearing
The Tribunal deferred the decision on the appellant's application to amend the memo of appeal by adding new grounds, opting to consider the application at the time of the hearing scheduled for 28.11.2024.
Hearing
The Tribunal granted the respondent seven days to file an objection to the appellant's amendment application and scheduled the matter for hearing on 16.09.2024.
Hearing
The Tribunal allowed the appellant's application to delete excess amendments incorporated into the memo of appeal that went beyond the scope of the previously permitted amendment order.
Hearing
The Tribunal granted the respondent time to file objections and seek instructions following the appellant's filing of an amendment application, and scheduled the matter for hearing on 08.08.2024.
Hearing
The Tribunal granted the appellant two days to file an application regarding amendments to the memo of appeal and scheduled the next hearing for July 26, 2024.
Hearing
The Tribunal granted the appellant seven days to file a reply to the respondent's objection regarding the amended memo of appeal and scheduled the matter for hearing on 23.07.2024.
Hearing
The Tribunal granted the respondent one week to file objections to the appellant's amended grounds and prayers, with the appellant permitted to reply within a week thereafter. The matter is scheduled for hearing on 11.07.2024.
Hearing
The Tribunal allowed the appellant's application for amendment (IA No. 1297/2024) and permitted the renumbering of prayer clauses and the deletion of specific prayer clauses (1, 3, and 4) in the memo of appeal.
Hearing
The Tribunal granted the appellant one week to file a fresh amendment application regarding the incorporation of delay interest claims and the deletion of certain relief numbers, postponing the hearing to 21.05.2024.
Hearing
The Tribunal granted the respondent one week to file an objection to a fresh application for amendment in the memo of appeal and scheduled the matter for hearing on 07.05.2024.
Hearing
The Tribunal granted the appellant liberty to withdraw their application for amendment (I.A. No. 667/2024) to file a fresh one later, and scheduled the matter for hearing on 15.04.2024.
Hearing
The Tribunal granted the appellant's request for an adjournment to allow for the filing of an application to amend the grounds and prayer of the appeal, with instructions for the exchange of proposed amendments and objections.
Hearing
Upon the joint request of the counsel for both parties, the tribunal has adjourned the appeal and scheduled it for a hearing on 20.02.2024.
Hearing
The Tribunal noted that the previous judgment was reserved but the presiding officer has since demitted office, necessitating a fresh hearing. The matter is adjourned to 10.07.2023.
Hearing
The Tribunal clarifies and corrects the appellant's name from 'Subhash Chandra Sharma' to 'Subhash Chander Sharma' to rectify a clerical error made during the Hindi translation of the original complaint.
Hearing
Upon a joint request from the counsels for both parties, the appeal has been adjourned and listed for further orders on 19.10.2022.
Hearing
The Tribunal transferred the appeal to Bench No. 2 to save time, as the matter had previously been heard by that bench, and directed it to be listed on 12.10.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to his father's illness and scheduled the appeal for hearing on 29.09.2022.
Hearing
The tribunal granted an adjournment requested by the respondent's counsel due to urgent family matters and rescheduled the hearing for September 8, 2022.
Hearing
The proceedings were adjourned because the respondent's counsel was on sanctioned leave, and the matter was rescheduled for hearing on 26.08.2022.
Further Order
The Tribunal granted an adjournment requested by the respondent's counsel due to his absence from the station and rescheduled the hearing for 03.08.2022.
Further Order
The Tribunal noted the absence of the Regulatory Authority's records and issued a reminder to summon them, subsequently adjourning the appeal to 15.07.2022.
Further Hearing
The Tribunal directed the summoning of lower court records and scheduled the appeal for a further hearing on 06.05.2022.
Final Hearing
The Tribunal summoned the lower court records and scheduled the appeal for a hearing on 29.03.2022.
Final Hearing
The Tribunal directed both parties to exchange their respective lists of dates and events and scheduled the appeal for further hearing on March 7, 2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for 17.01.2022.
Hearing
The Tribunal allowed the appellant's recall application and ruled that since the appeal was filed by a buyer, there is no requirement to deposit any amount under Section 43(5) of the Act 2016.
Hearing
The Tribunal noted the appellant's failure to comply with a previous order regarding impleadment and amendments, subsequently adjourning the matter to 29.10.2021 for compliance with Section 43(5) of the Act.
Hearing
The Tribunal granted the appellant permission to implead the Greater Noida Development Authority as a respondent if legally appropriate and adjourned the matter to 19.03.2021.
Tribunal Order #0901126000252019-29-08-2025
The Tribunal allowed the appeal in part, directing the respondent to pay delay interest (MCLR+1%) from 17.06.2016 to 24.04.2025, refund Rs. 2,14,551.63 due to area reduction, execute the sub-lease deed, and hand over the unit in habitable condition.
Tribunal Order #0901126000252019-15-04-2025
The Tribunal directed the respondent promoter to execute the sub-lease/conveyance deed and hand over physical possession of the appellant's unit in a habitable condition within three weeks. The court also reserved consideration on issues regarding interest entitlements and disputed charges, requiring a personal affidavit of compliance from the promoter's officer.
Tribunal Order #0901126000252019-04-02-2025
The Tribunal allowed the appellant's applications (IA No. 2279/2024 and 2280/2024) to modify/review the order dated 21.05.2024, permitting the appellant to incorporate amendments regarding grounds and prayers, including the relief of possession.
Tribunal Order #0901126000252019-21-05-2024
The Tribunal allowed the appellant's application for amendment (IA No. 1297/2024) and permitted the renumbering of prayer clauses and the deletion of specific prayer clauses (1, 3, and 4) in the memo of appeal.
Tribunal Order #0901126000252019-19-10-2022
The Tribunal clarifies and corrects the appellant's name from 'Subhash Chandra Sharma' to 'Subhash Chander Sharma' to rectify a clerical error made during the Hindi translation of the original complaint.
Tribunal Order #0901126000252019-23-05-2025
The Respondent promoter has assured the Tribunal that the unit will be made habitable, including the completion of flooring, within four weeks from the date of the order.
Tribunal Order #0901126000252019-08-08-2024
The Tribunal allowed the appellant's application to delete excess amendments incorporated into the memo of appeal that went beyond the scope of the previously permitted amendment order.
Tribunal Order #0901126000252019-10-12-2021
The Tribunal allowed the appellant's recall application and ruled that since the appeal was filed by a buyer, there is no requirement to deposit any amount under Section 43(5) of the Act 2016.
Tribunal Disposal & Final Award Ruling
The Tribunal allowed the appeal in part, directing the respondent to pay delay interest (MCLR+1%) from 17.06.2016 to 24.04.2025, refund Rs. 2,14,551.63 due to area reduction, execute the sub-lease deed, and hand over the unit in habitable condition. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal allowed the appeal in part, directing the respondent to pay delay interest (MCLR+1%) from 17.06.2016 to 24.04.2025, refund Rs. 2,14,551.63 due to area reduction, execute the sub-lease deed, and hand over the unit in habitable condition.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
from 17.06.2016 to 24.04.2025
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surangama Sharma
Respondent Advocate(s)
- V K S Bisen
Official RERA Tribunal Orders (8)
The Tribunal allowed the appeal in part, directing the respondent to pay delay interest (MCLR+1%) from 17.06.2016 to 24.04.2025, refund Rs. 2,14,551.63 due to area reduction, execute the sub-lease deed, and hand over the unit in habitable condition.
The Tribunal directed the respondent promoter to execute the sub-lease/conveyance deed and hand over physical possession of the appellant's unit in a habitable condition within three weeks. The court also reserved consideration on issues regarding interest entitlements and disputed charges, requiring a personal affidavit of compliance from the promoter's officer.
The Tribunal allowed the appellant's applications (IA No. 2279/2024 and 2280/2024) to modify/review the order dated 21.05.2024, permitting the appellant to incorporate amendments regarding grounds and prayers, including the relief of possession.
The Tribunal allowed the appellant's application for amendment (IA No. 1297/2024) and permitted the renumbering of prayer clauses and the deletion of specific prayer clauses (1, 3, and 4) in the memo of appeal.
The Tribunal clarifies and corrects the appellant's name from 'Subhash Chandra Sharma' to 'Subhash Chander Sharma' to rectify a clerical error made during the Hindi translation of the original complaint.
The Respondent promoter has assured the Tribunal that the unit will be made habitable, including the completion of flooring, within four weeks from the date of the order.
The Tribunal allowed the appellant's application to delete excess amendments incorporated into the memo of appeal that went beyond the scope of the previously permitted amendment order.
The Tribunal allowed the appellant's recall application and ruled that since the appeal was filed by a buyer, there is no requirement to deposit any amount under Section 43(5) of the Act 2016.
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