Appellant / Complainant
Omaxe Limited
Respondent
Rita Vipin Rahul Juneja
omaxe limited
₹1,41,83,201
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 0901126017902022 by Omaxe Limited against Rita Vipin Rahul Juneja before up_rera.
Re-Hearing
The Tribunal quashed the Regulatory Authority's order for possession and interest, ruling that the complaint was not maintainable under the RERA Act, 2016, because the project was never registered with the Authority.
Re-Hearing
The Tribunal has adjourned the matter to 23.04.2025 for orders, following a joint request from the counsel for both parties.
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
Upon the joint request of the counsel for both parties, the Tribunal has adjourned the appeal to be listed on 20.02.2025.
Further Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-307/2022 to 29.01.2025, noting that all pending applications will be considered at that time.
For Order
The Tribunal deferred consideration of a respondent's objection regarding non-compliance with Section 43(5) of the Act and directed the appellant to provide information regarding the timeline for entering into sub-lease contracts for virtual and commercial/physical spaces.
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 and scheduled the next hearing for September 13, 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, with the matter scheduled for further hearing on 12.08.2024.
For Order
The Tribunal noted the exchange of pleadings and scheduled the appeal for a hearing on July 11, 2024.
For Order
The Tribunal noted that the appeal is ready for hearing and scheduled the matter for hearing/orders on 14.05.2024.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the hearing for April 12, 2024.
For Order
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on March 7, 2024.
For Order
The Tribunal directed that the appeal be listed for hearing on 31.10.2023, referring to a previous order passed in a related appeal.
For Order
The Tribunal has adjourned the matter to 17.05.2023 for orders or hearing due to the counsel for the appellant being on sanctioned leave.
For Order
The Tribunal adjourned the matter to 05.05.2023 to allow the parties to pursue an amicable settlement through negotiation.
Hearing
The Tribunal adjourned the proceedings to 24.03.2023 to allow the parties to pursue an amicable settlement and report the outcome of their negotiations.
Hearing
The Tribunal noted that pleadings have been exchanged and, upon joint request from both parties, adjourned the matter to 20.01.2023 for hearing.
For Order
The Tribunal directed the Registry to convert the defective appeal into a regular appeal after verifying that the appellant had complied with the deposit requirements under Section 43(5) of the Act. The matter is scheduled for hearing on 20.12.2022.
Delay condonation
The Tribunal granted the appellant one week to ensure complete compliance with Section 43(5) of the Act regarding interest payments, noting that the developer had failed to deposit interest for the period between the allotment and the compliance date.
Delay condonation
The Tribunal has ordered the case to be listed for a subsequent hearing on 11.11.2022.
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, failing which the appeal will be dismissed.
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 adjournment requests to prevent wasting the respondent's resources.
Delay condonation
The Tribunal granted an adjournment due to the personal difficulties of the applicant's counsel and scheduled the matter for hearing on 14.09.2022, while declining the respondent's request for costs.
Delay condonation
The Tribunal noted non-compliance with Section 43(5) of the Act by the appellant and granted an additional week to rectify this structural defect before the next hearing on 02.09.2022.
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. The matter is scheduled for 10.08.2022 to consider the application for condonation of delay.
Delay condonation
The Tribunal issued notice to the respondent and directed the appellant to serve the memo of appeal via speed-post and email, scheduling the matter for 25.07.2022.
Tribunal Order #0901126017902022-23-04-2025
The Tribunal quashed the Regulatory Authority's order for possession and interest, ruling that the complaint was not maintainable under the RERA Act, 2016, because the project was never registered with the Authority.
Tribunal Order #0901126017902022-02-12-2024
The Tribunal deferred consideration of a respondent's objection regarding non-compliance with Section 43(5) of the Act and directed the appellant to provide information regarding the timeline for entering into sub-lease contracts for virtual and commercial/physical spaces.
Tribunal Order #0901126017902022-23-11-2022
The Tribunal directed the Registry to convert the defective appeal into a regular appeal after verifying that the appellant had complied with the deposit requirements under Section 43(5) of the Act. The matter is scheduled for hearing on 20.12.2022.
Tribunal Order #0901126017902022-10-08-2022
The Tribunal noted non-compliance with Section 43(5) of the Act by the appellant and granted an additional week to rectify this structural defect before the next hearing on 02.09.2022.
Tribunal Order #0901126017902022-11-11-2022
The Tribunal granted the appellant one week to ensure complete compliance with Section 43(5) of the Act regarding interest payments, noting that the developer had failed to deposit interest for the period between the allotment and the compliance date.
Tribunal Disposal & Final Award Ruling
The Tribunal quashed the Regulatory Authority's order for possession and interest, ruling that the complaint was not maintainable under the RERA Act, 2016, because the project was never registered with the Authority. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal quashed the Regulatory Authority's order for possession and interest, ruling that the complaint was not maintainable under the RERA Act, 2016, because the project was never registered with the Authority.
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
- Piyush Verma
- Rishabh Singh
Official RERA Tribunal Orders (5)
The Tribunal quashed the Regulatory Authority's order for possession and interest, ruling that the complaint was not maintainable under the RERA Act, 2016, because the project was never registered with the Authority.
The Tribunal deferred consideration of a respondent's objection regarding non-compliance with Section 43(5) of the Act and directed the appellant to provide information regarding the timeline for entering into sub-lease contracts for virtual and commercial/physical spaces.
The Tribunal directed the Registry to convert the defective appeal into a regular appeal after verifying that the appellant had complied with the deposit requirements under Section 43(5) of the Act. The matter is scheduled for hearing on 20.12.2022.
The Tribunal noted non-compliance with Section 43(5) of the Act by the appellant and granted an additional week to rectify this structural defect before the next hearing on 02.09.2022.
The Tribunal granted the appellant one week to ensure complete compliance with Section 43(5) of the Act regarding interest payments, noting that the developer had failed to deposit interest for the period between the allotment and the compliance date.
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