Appellant / Complainant
Omaxe Limited
Respondent
Vidya Sagar
omaxe limited
₹22,53,396
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 0901126017892022 by Omaxe Limited against Vidya Sagar before up_rera.
Re-Hearing
The Tribunal quashed the Regulatory Authority's order for refund and interest, ruling that the complaint was not maintainable because the project was not registered under the Real Estate (Regulation and Development) Act, 2016.
Re-Hearing
Upon the joint request of the counsel for both parties, the matter has been adjourned and listed for orders on 23.04.2025.
Re-Hearing
Upon the joint request of both parties, the tribunal has adjourned the appeal and scheduled it for orders/hearing on 25.03.2025.
Re-Hearing
The court has granted a joint request from the counsel of both parties to adjourn the appeal and list the matter on 20.02.2025.
Further Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the matter, scheduling the appeal for hearing on 29.01.2025.
For Order
The Tribunal deferred the consideration of a respondent's objection regarding non-compliance with Section 43(5) interest computation mandates and directed the appellant to provide information regarding the execution of sub-lease contracts for virtual and commercial spaces at the next hearing.
For Order
The Tribunal granted an adjournment requested by the respondent's counsel due to illness and scheduled the case for orders on December 2, 2024.
For Order
The Tribunal granted a request for time to prepare the brief and adjourned the appeal to 24.10.2024.
For Order
The Tribunal granted the respondent 10 days to file written objections regarding compliance with Section 43(5) of the Act 2016 and scheduled the next hearing for 13.09.2024.
For Order
The Tribunal granted the respondent time to file written objections regarding compliance with Section 43(5) of the Act and the CA certificate calculation, with the matter scheduled for hearing on 12.08.2024.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on 11.07.2024.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing/orders on 14.05.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence from the station and rescheduled the hearing for 12.04.2024.
For Order
The Tribunal noted that pleadings are complete and scheduled the appeal for a hearing on March 7, 2024.
For Order
The Tribunal rejected a request for adjournment and issued a show-cause notice to Advocate Rishabh Singh, directing him to explain his absence and why the matter should not be referred to the Bar Council for professional misconduct.
For Order
The Tribunal has adjourned the matter to 17.05.2023 for orders/hearing due to the counsel for the appellant being on sanctioned leave.
For Order
The Tribunal adjourned the proceedings to 05.05.2023 to allow the parties time to pursue an amicable settlement through negotiation.
Hearing
The Tribunal adjourned the proceedings to allow the parties to pursue an amicable settlement and directed them to report the outcome of their negotiations by the next hearing on 24.03.2023.
Hearing
The Tribunal noted that pleadings have been exchanged and, upon joint request from both counsels, adjourned the appeal for hearing to 20.01.2023.
Compliance of section 43(5)
The Tribunal directed the Registry to convert the defective appeal into a regular appeal after finding that the appellant complied with Section 43(5) of the Act and filed within the limitation period.
Compliance of section 43(5)
The Tribunal has adjourned the matter to 23.11.2022 following a joint request from the counsels for both parties.
Compliance of section 43(5)
The Tribunal has revised the listing for Appeal-306/2022, rescheduling the matter to be heard on 11.11.2022 due to lack of remaining time.
Delay condonation
The Tribunal granted a two-week extension of time to the appellant to comply with the requirements of Section 43(5) of the Act, 2016, noting that failure to comply will result in the dismissal of the defective appeal.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to a personal emergency and directed the counsel to provide timely notice for future adjournments to prevent wasting the respondent's resources.
Delay condonation
The Tribunal granted an adjournment due to the applicant's personal difficulties but imposed a cost of Rs. 5,000/- payable to the respondent to compensate for the unfruitful visit caused by lack of prior notice.
Delay condonation
The Tribunal noted the appellant's failure to comply with Section 43(5) of the Act and granted a one-week extension to rectify this structural defect and file a reply to the respondent's objections.
Notice
The Tribunal granted the appellant one week to file a reply to the respondent's objection and directed the respondent's counsel to register on the e-Portal before the next hearing on 10.08.2022.
Delay condonation
The Tribunal issued notice to the respondent and provided specific procedural instructions for the service of the appeal memo and the filing of objections and replies.
Tribunal Order #0901126017892022-23-04-2025
The Tribunal quashed the Regulatory Authority's order for refund and interest, ruling that the complaint was not maintainable because the project was not registered under the Real Estate (Regulation and Development) Act, 2016.
Tribunal Order #0901126017892022-02-12-2024
The Tribunal deferred the consideration of a respondent's objection regarding non-compliance with Section 43(5) interest computation mandates and directed the appellant to provide information regarding the execution of sub-lease contracts for virtual and commercial spaces at the next hearing.
Tribunal Order #0901126017892022-18-09-2023
The Tribunal rejected a request for adjournment and issued a show-cause notice to Advocate Rishabh Singh, directing him to explain his absence and why the matter should not be referred to the Bar Council for professional misconduct.
Tribunal Order #0901126017892022-02-09-2022
The Tribunal granted an adjournment due to the applicant's personal difficulties but imposed a cost of Rs. 5,000/- payable to the respondent to compensate for the unfruitful visit caused by lack of prior notice.
Tribunal Order #0901126017892022-23-11-2022
The Tribunal directed the Registry to convert the defective appeal into a regular appeal after finding that the appellant complied with Section 43(5) of the Act and filed within the limitation period.
Tribunal Order #0901126017892022-10-08-2022
The Tribunal noted the appellant's failure to comply with Section 43(5) of the Act and granted a one-week extension to rectify this structural defect and file a reply to the respondent's objections.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Regulatory Authority's order for refund and interest, ruling that the complaint was not maintainable because the project was not registered under the Real Estate (Regulation and Development) Act, 2016. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Regulatory Authority's order for refund and interest, ruling that the complaint was not maintainable because the project was not registered under the Real Estate (Regulation and Development) Act, 2016.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- V K S Bisen
Respondent Advocate(s)
- Harish Pandey
- Sujata Kashyap
Official RERA Tribunal Orders (6)
The Tribunal quashed the Regulatory Authority's order for refund and interest, ruling that the complaint was not maintainable because the project was not registered under the Real Estate (Regulation and Development) Act, 2016.
The Tribunal deferred the consideration of a respondent's objection regarding non-compliance with Section 43(5) interest computation mandates and directed the appellant to provide information regarding the execution of sub-lease contracts for virtual and commercial spaces at the next hearing.
The Tribunal rejected a request for adjournment and issued a show-cause notice to Advocate Rishabh Singh, directing him to explain his absence and why the matter should not be referred to the Bar Council for professional misconduct.
The Tribunal granted an adjournment due to the applicant's personal difficulties but imposed a cost of Rs. 5,000/- payable to the respondent to compensate for the unfruitful visit caused by lack of prior notice.
The Tribunal directed the Registry to convert the defective appeal into a regular appeal after finding that the appellant complied with Section 43(5) of the Act and filed within the limitation period.
The Tribunal noted the appellant's failure to comply with Section 43(5) of the Act and granted a one-week extension to rectify this structural defect and file a reply to the respondent's objections.
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