Appellant / Complainant
Omaxe Limited
Respondent
Hemu Aggarwal
omaxe limited
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 0901126007682022 by Omaxe Limited against Hemu Aggarwal before up_rera.
Part Heard
The Tribunal quashed the U.P. RERA order in favor of the respondent, allowing the appeal to be decided in line with a previous precedent, while granting the respondent liberty to seek remedies in another forum and directing the release of the appellant's deposited amount.
Hearing
The Tribunal has adjourned the matter to 15.07.2025, directing the respondent's counsel to address the maintainability of the complaint under the RERA Act, 2016.
Hearing
The Tribunal has adjourned the matter to May 21, 2025, for orders, following a request from the respondent's counsel.
Hearing
The Tribunal has scheduled the case for orders on April 21, 2025.
Hearing
The Tribunal granted an adjournment requested by the respondent and scheduled the next hearing for 24.03.2025, with a warning that no further adjournments will be granted and the matter may proceed ex-parte if the respondent fails to appear.
Hearing
Upon the request of the appellant's counsel, the tribunal has scheduled the appeal for a hearing on February 21, 2025.
Hearing
The Tribunal granted a request by the appellant's counsel to list the matter before Bench No. 1 for final hearing on 07.02.2025, as the case had been previously partly heard by that Bench.
Hearing
Upon the joint request of both parties, the tribunal has adjourned the appeal and scheduled it for a hearing on January 22, 2025.
Hearing
The Tribunal has scheduled the matter for orders or hearing on December 17, 2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for orders/hearing on 21.11.2024.
Hearing
The respondent has deposited the remaining cost of Rs. 5,000/- via online mode, and the Office is directed to verify this deposition within three days.
Hearing
The Tribunal granted the respondent 10 days to confirm compliance regarding the deposit of Rs. 5,000/- as per the previous order dated 13.05.2024, and scheduled the matter for orders on 11.09.2024.
Hearing
The Tribunal directed the respondent to deposit the previously imposed cost of Rs. 5,000/- within 10 days and scheduled the matter for final hearing on 08.08.2024.
Hearing
The Tribunal rejected the appellant's application to waive costs previously imposed on 13.05.2024 and directed the appellant to deposit the said costs within one week.
Hearing
The Tribunal granted the respondent a one-week extension to file the unit cancellation request, subject to a cost of Rs. 5,000/- to be used for legal library books.
Hearing
The Tribunal noted the absence of the respondent and, upon the appellant's request for urgency, rescheduled the defective appeal for orders or hearing on 13.05.2024.
Hearing
The Tribunal condoned the delay in filing the appeal and granted the respondent one week to produce evidence regarding the request for cancellation of the unit, noting a discrepancy between the appellant's claim of forfeiture and the respondent's claim for a refund.
Hearing
The Tribunal granted a request for adjournment due to the respondent's health and rescheduled the hearing for the application for condonation of delay to 09.04.2024.
Hearing
The Tribunal has ordered the appeal to be listed for a hearing on 04.04.2024.
Hearing
The Tribunal noted the filing of the appellant's reply to the respondent's objections and scheduled the appeal for a hearing on March 1, 2024.
Hearing
The Tribunal adjourned the proceedings due to a call for lawyers to abstain from judicial work by the Bar Council of Uttar Pradesh and rescheduled the hearing for 26.10.2023.
Hearing
The Tribunal directed the applicant to provide their email ID to the respondent's counsel to facilitate the exchange of objections and replies, and scheduled the appeal for hearing on 26.07.2023.
Further Order
The Tribunal directed the respondent to provide a soft copy of their filed objections to the applicant within 24 hours and set a timeline for the applicant's reply before the next hearing on 07.04.2023.
Further Order
The Tribunal noted an objection filed by the respondent was unsigned and directed the respondent to file a proper legal objection before the next hearing on 24.01.2023.
Further Order
The Tribunal granted the appellant permission to file a replication/rejoinder to the respondent's reply and scheduled the defective appeal for hearing on 15.12.2022.
Further Order
The Tribunal directed the respondent to file a reply to the grounds of appeal to facilitate a hearing based on pleadings and listed the defective appeal for further orders on 17.11.2022.
Further Order
The Tribunal granted an adjournment application filed by the appellant's counsel and directed the registry to rectify a clerical error where an order from a different case was wrongly uploaded.
Further Order
The Tribunal adjourned the matter to 13.09.2022 to allow the respondent's counsel to receive the memo of appeal and seek instructions from the builder regarding the appellant's request for a refund.
Hearing
The Tribunal granted an interim stay on the recovery proceedings initiated by the Tehsildar against Omaxe Limited, noting that the appellant had already deposited Rs. 6,56,690/- in compliance with Section 43(5) of the Act.
Delay condonation
The Tribunal directed the Accounts department to re-verify the settlement reference number for a deposit made under Section 43(5) and granted an adjournment requested by the appellant's counsel.
Defect Removal
The Tribunal directed the Accounts Department to verify the deposit of filing fees and statutory compliance amounts, and issued notice to the respondent regarding the applicant's application for condonation of delay, returnable on 13.05.2022.
Tribunal Order #0901126007682022-11-09-2024
The respondent has deposited the remaining cost of Rs. 5,000/- via online mode, and the Office is directed to verify this deposition within three days.
Tribunal Order #0901126007682022-22-05-2024
The Tribunal rejected the appellant's application to waive costs previously imposed on 13.05.2024 and directed the appellant to deposit the said costs within one week.
Tribunal Order #0901126007682022-15-07-2025
The Tribunal quashed the U.P. RERA order in favor of the respondent, allowing the appeal to be decided in line with a previous precedent, while granting the respondent liberty to seek remedies in another forum and directing the release of the appellant's deposited amount.
Tribunal Order #0901126007682022-22-07-2024
The Tribunal directed the respondent to deposit the previously imposed cost of Rs. 5,000/- within 10 days and scheduled the matter for final hearing on 08.08.2024.
Tribunal Order #0901126007682022-09-04-2024
The Tribunal condoned the delay in filing the appeal and granted the respondent one week to produce evidence regarding the request for cancellation of the unit, noting a discrepancy between the appellant's claim of forfeiture and the respondent's claim for a refund.
Tribunal Order #0901126007682022-13-05-2024
The Tribunal granted the respondent a one-week extension to file the unit cancellation request, subject to a cost of Rs. 5,000/- to be used for legal library books.
Tribunal Order #0901126007682022-05-07-2022
The Tribunal granted an interim stay on the recovery proceedings initiated by the Tehsildar against Omaxe Limited, noting that the appellant had already deposited Rs. 6,56,690/- in compliance with Section 43(5) of the Act.
Tribunal Order #0901126007682022-20-04-2022
The Tribunal directed the Accounts Department to verify the deposit of filing fees and statutory compliance amounts, and issued notice to the respondent regarding the applicant's application for condonation of delay, returnable on 13.05.2022.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the U.P. RERA order in favor of the respondent, allowing the appeal to be decided in line with a previous precedent, while granting the respondent liberty to seek remedies in another forum and directing the release of the appellant's deposited amount. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the U.P. RERA order in favor of the respondent, allowing the appeal to be decided in line with a previous precedent, while granting the respondent liberty to seek remedies in another forum and directing the release of the appellant's deposited amount.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- V K S Bisen
Respondent Advocate(s)
- Rashi Jain
- Diwakar Singh Gautam
Official RERA Tribunal Orders (8)
The respondent has deposited the remaining cost of Rs. 5,000/- via online mode, and the Office is directed to verify this deposition within three days.
The Tribunal rejected the appellant's application to waive costs previously imposed on 13.05.2024 and directed the appellant to deposit the said costs within one week.
The Tribunal quashed the U.P. RERA order in favor of the respondent, allowing the appeal to be decided in line with a previous precedent, while granting the respondent liberty to seek remedies in another forum and directing the release of the appellant's deposited amount.
The Tribunal directed the respondent to deposit the previously imposed cost of Rs. 5,000/- within 10 days and scheduled the matter for final hearing on 08.08.2024.
The Tribunal condoned the delay in filing the appeal and granted the respondent one week to produce evidence regarding the request for cancellation of the unit, noting a discrepancy between the appellant's claim of forfeiture and the respondent's claim for a refund.
The Tribunal granted the respondent a one-week extension to file the unit cancellation request, subject to a cost of Rs. 5,000/- to be used for legal library books.
The Tribunal granted an interim stay on the recovery proceedings initiated by the Tehsildar against Omaxe Limited, noting that the appellant had already deposited Rs. 6,56,690/- in compliance with Section 43(5) of the Act.
The Tribunal directed the Accounts Department to verify the deposit of filing fees and statutory compliance amounts, and issued notice to the respondent regarding the applicant's application for condonation of delay, returnable on 13.05.2022.
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