Appellant / Complainant
Rajesh Khanna, Sunita Mangal
Respondent
Real Estate Regulatory Authority Gautam Budh Nagar U.P., Omaxe Ltd.
omaxe ltd.
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 0901126007872020 by Rajesh Khanna, Sunita Mangal against Real Estate Regulatory Authority Gautam Budh Nagar U.P., Omaxe Ltd. before up_rera.
For Order
The Tribunal set aside the Regulatory Authority's execution order dated 29.09.2020, ruling that an executing court cannot go beyond the original decree to modify its terms, and remanded the matter for execution in strict accordance with the original order dated 22.07.2019.
Exchange of pleadings
The Tribunal granted an adjournment requested by the appellant's counsel due to travel difficulties and rescheduled the matter for 24.04.2023, noting that no further adjournments will be permitted.
Exchange of pleadings
The Tribunal granted a final opportunity for both parties to appear at the next hearing, warning that failure to do so will result in the disposal of the Commissioner's report, and directed the respondent to pay costs to the appellant.
Exchange of pleadings
The Tribunal adjourned the hearing to 22.12.2022 and imposed a cost of Rs. 8,000/- on the respondent to be paid to the appellant's counsel due to their absence.
Exchange of pleadings
The Tribunal granted an adjournment application filed by the appellant's counsel and rescheduled the matter for 25.11.2022.
Exchange of pleadings
The appeal was adjourned due to the non-appearance of parties and is scheduled for further orders on 20.10.2022.
Final Hearing
The Tribunal directed the appellant to file clarifications or objections regarding the Commissioner's report via the e-Portal and physical registry before the next hearing.
Final Hearing
The Tribunal noted the submission of a site inspection report by the Commissioner and granted parties leave to submit clarifications before listing the matter for hearing on 24.08.2022.
Final Hearing
The Tribunal appointed Advocate Commissioners to inspect the disputed units and the Food Court area to verify construction progress and directed both parties to pay inspection fees of Rs. 25,000 each.
Further Order
The Tribunal directed that the appeal be transferred to Bench No. 2 for consideration on May 5, 2022, following the conclusion of arguments and pending the filing of an affidavit regarding project completion status.
Further Order
The Tribunal directed the Respondent to file an affidavit regarding the completion status of the specific unit and the entire project floor-wise at least seven days before the next hearing.
Further Order
The Tribunal noted the absence of the appellant's counsel and adjourned the matter to 04.02.2022 for further arguments.
Further Order
The Tribunal directed both parties to exchange and file a list of dates, events, and relied-upon case law before the next hearing scheduled for January 10, 2022.
Delay condonation
The Tribunal directed the Registry to register the defective appeal as a regular appeal since it was filed within time and granted the appellant permission to file a replication/rejoinder before the next hearing on 06.12.2021.
Hearing
The Tribunal granted an adjournment request by the respondent but imposed a cost of Rs. 5000/- to be paid to the applicant due to the late notice provided for the hearing.
Hearing
The Tribunal adjourned the case to 28.10.2021 and granted Respondent No. 2 a final opportunity to file a reply to the grounds of appeal.
Hearing
The Tribunal directed the respondent to file a reply to the grounds of appeal within 15 days and scheduled the matter for hearing on 16.04.2021.
Hearing
The appeal was adjourned due to a lawyer strike, with the court directing the parties to exchange pleadings in the interim and rescheduling the matter for 22.03.2021.
Hearing
The Tribunal granted a request for adjournment from the appellant's counsel and rescheduled the hearing to a later date.
Tribunal Order #0901126007872020-24-04-2023
The Tribunal set aside the Regulatory Authority's execution order dated 29.09.2020, ruling that an executing court cannot go beyond the original decree to modify its terms, and remanded the matter for execution in strict accordance with the original order dated 22.07.2019.
Tribunal Order #0901126007872020-22-12-2022
The Tribunal granted a final opportunity for both parties to appear at the next hearing, warning that failure to do so will result in the disposal of the Commissioner's report, and directed the respondent to pay costs to the appellant.
Tribunal Order #0901126007872020-05-05-2022
The Tribunal appointed Advocate Commissioners to inspect the disputed units and the Food Court area to verify construction progress and directed both parties to pay inspection fees of Rs. 25,000 each.
Tribunal Order #0901126007872020-15-11-2021
The Tribunal directed the Registry to register the defective appeal as a regular appeal since it was filed within time and granted the appellant permission to file a replication/rejoinder before the next hearing on 06.12.2021.
Tribunal Order #0901126007872020-21-03-2022
The Tribunal directed the Respondent to file an affidavit regarding the completion status of the specific unit and the entire project floor-wise at least seven days before the next hearing.
Tribunal Order #0901126007872020-25-11-2022
The Tribunal adjourned the hearing to 22.12.2022 and imposed a cost of Rs. 8,000/- on the respondent to be paid to the appellant's counsel due to their absence.
Tribunal Order #0901126007872020-28-10-2021
The Tribunal granted an adjournment request by the respondent but imposed a cost of Rs. 5000/- to be paid to the applicant due to the late notice provided for the hearing.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's execution order dated 29.09.2020, ruling that an executing court cannot go beyond the original decree to modify its terms, and remanded the matter for execution in strict accordance with the original order dated 22.07.2019. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's execution order dated 29.09.2020, ruling that an executing court cannot go beyond the original decree to modify its terms, and remanded the matter for execution in strict accordance with the original order dated 22.07.2019.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Neelam Singh
- Ajay Kumar Shukla
Respondent Advocate(s)
- Vineet K Singh Bisen
Official RERA Tribunal Orders (7)
The Tribunal set aside the Regulatory Authority's execution order dated 29.09.2020, ruling that an executing court cannot go beyond the original decree to modify its terms, and remanded the matter for execution in strict accordance with the original order dated 22.07.2019.
The Tribunal granted a final opportunity for both parties to appear at the next hearing, warning that failure to do so will result in the disposal of the Commissioner's report, and directed the respondent to pay costs to the appellant.
The Tribunal appointed Advocate Commissioners to inspect the disputed units and the Food Court area to verify construction progress and directed both parties to pay inspection fees of Rs. 25,000 each.
The Tribunal directed the Registry to register the defective appeal as a regular appeal since it was filed within time and granted the appellant permission to file a replication/rejoinder before the next hearing on 06.12.2021.
The Tribunal directed the Respondent to file an affidavit regarding the completion status of the specific unit and the entire project floor-wise at least seven days before the next hearing.
The Tribunal adjourned the hearing to 22.12.2022 and imposed a cost of Rs. 8,000/- on the respondent to be paid to the appellant's counsel due to their absence.
The Tribunal granted an adjournment request by the respondent but imposed a cost of Rs. 5000/- to be paid to the applicant due to the late notice provided for the hearing.
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