Appellant / Complainant
Omaxe India Trade Centre Private Limited
Respondent
Gurmeet Singh Phokela
omaxe india trade centre private limited
₹23,43,745
Respondent
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 0901126019072024 by Omaxe India Trade Centre Private Limited against Gurmeet Singh Phokela before up_rera.
for delivery of Judgment/Order
The U.P. Real Estate Appellate Tribunal dismissed the developer's appeal, ruling that 'commitment charges' (assured returns) are independent commercial arrangements and cannot be adjusted against or used to offset the statutory interest for delay owed to an allottee under Section 18(1) of the RERA Act.
Hearing
The Tribunal heard arguments regarding the adjustment of commencement charges with delayed interest, but has reserved judgment for a later date.
Hearing
The Tribunal granted the appellant's counsel time to upload relevant judgments and case laws, subsequently adjourning the hearing to April 8, 2025.
Hearing
The Tribunal has adjourned the appeal to 07.03.2025 following a request from the learned counsels for both parties.
Delay condonation
The Tribunal allowed the appellant's application for condonation of delay, excusing a 44-day delay in filing the appeal and directing the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the appellant additional time to file a rejoinder affidavit and scheduled the defective appeal for hearing on January 6, 2025.
Delay condonation
At the request of both parties, the Tribunal has adjourned the appeal and scheduled it for a hearing on November 18, 2024.
Delay condonation
The Tribunal granted the respondent one week to file a rejoinder to objections and scheduled the matter for hearing on October 3, 2024, regarding the application for condonation of delay.
Delay condonation
The Tribunal directed the respondent to file objections to the application for condonation of delay and the grounds of appeal within one week, with a subsequent reply due from the applicant.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with a subsequent deadline for the applicant to file a reply.
Tribunal Order #0901126019072024-06-01-2025
The Tribunal allowed the appellant's application for condonation of delay, excusing a 44-day delay in filing the appeal and directing the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126019072024-04-07-2025
The U.P. Real Estate Appellate Tribunal dismissed the developer's appeal, ruling that 'commitment charges' (assured returns) are independent commercial arrangements and cannot be adjusted against or used to offset the statutory interest for delay owed to an allottee under Section 18(1) of the RERA Act.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the developer's appeal, ruling that 'commitment charges' (assured returns) are independent commercial arrangements and cannot be adjusted against or used to offset the statutory interest for delay owed to an allottee under Section 18(1) of the RERA Act. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the developer's appeal, ruling that 'commitment charges' (assured returns) are independent commercial arrangements and cannot be adjusted against or used to offset the statutory interest for delay owed to an allottee under Section 18(1) of the RERA Act.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from the assured date of completion till the date of delivery of possession (or from the date mentioned in the impugned order till the date of obtaining of OC/CC or offer of possession, whichever is later)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vineet K Singh Bisen
Respondent Advocate(s)
- N A
- Syed Mohammad Abid
- Mohd Murtaza Hasan
Official RERA Tribunal Orders (2)
The Tribunal allowed the appellant's application for condonation of delay, excusing a 44-day delay in filing the appeal and directing the Registry to convert the defective appeal into a regular appeal.
The U.P. Real Estate Appellate Tribunal dismissed the developer's appeal, ruling that 'commitment charges' (assured returns) are independent commercial arrangements and cannot be adjusted against or used to offset the statutory interest for delay owed to an allottee under Section 18(1) of the RERA Act.
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