Appellant / Complainant
Omaxe India Trade Centre Private Limited
Respondent
Mohammad Nadeem Shakir Siddiqui
omaxe india trade centre private limited
₹27,24,934
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 0901126019092024 by Omaxe India Trade Centre Private Limited against Mohammad Nadeem Shakir Siddiqui before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeal filed by Omaxe India Trade Centre Pvt Ltd, upholding the RERA Authority's order to refund the respondent's deposited amount of Rs 27,24,934 along with interest at MCLR+1% due to project delay. The ruling clarifies that 'commitment charges' are independent commercial arrangements and cannot be adjusted against statutory interest owed under Section 18 of the RERA Act.
Part Heard
The Tribunal has reserved its judgment on the appeal and ordered that any existing interim relief shall continue until the final judgment is pronounced.
Hearing
The Tribunal has adjourned the matter to 29.01.2025 for the continuation of arguments.
Hearing
The Tribunal noted the appellant's submission of a reply to a previous query and directed both parties to file a chart explaining the dates and events of the case. The matter is scheduled for hearing on 17.01.2025.
Hearing
The Tribunal granted a request for adjournment and rescheduled the case for hearing on 13.12.2024, noting that no further adjournments will be permitted.
Hearing
The Tribunal has adjourned the matter to 19.11.2024 for orders at the request of the appellant's counsel.
Hearing
The Tribunal granted the appellant time to file an affidavit clarifying why the occupancy certificate was issued in the name of 'AVJ Towers Developers Private Limited' instead of the developer, 'Omaxe India Trade Centre Private Limited'.
Hearing
The Tribunal directed the appellant to file a CA certificate regarding amount calculations and deposit any necessary funds in compliance with Section 43(5) of the Act 2016, before listing the appeal for final hearing on 01.10.2024.
Hearing
The Tribunal directed the office to report on compliance with Section 43(5) of the Act and the filing of a CA certificate within 3 days, while also directing the appellant to file a rejoinder affidavit within 7 days.
Hearing
The Tribunal granted the appellant seven days to comply with the provisions of Section 43(5) of the Act 2016 and rescheduled the hearing for 18.09.2024.
For Order
The Tribunal directed the respondent to file objections to the appeal and a delay condonation application within 10 days, and scheduled the next hearing for September 9, 2024.
Admission
The Tribunal granted the respondent's counsel one week to file a vakalatnama and scheduled the appeal for orders on August 1, 2024.
Admission
The Tribunal acknowledged the appellant's deposit of Rs. 55,97,723/- for compliance with Section 43(5) and issued notice to the respondent, scheduling the next hearing for July 2, 2024.
Tribunal Order #0901126019092024-06-03-2025
The Tribunal dismissed the appeal filed by Omaxe India Trade Centre Pvt Ltd, upholding the RERA Authority's order to refund the respondent's deposited amount of Rs 27,24,934 along with interest at MCLR+1% due to project delay. The ruling clarifies that 'commitment charges' are independent commercial arrangements and cannot be adjusted against statutory interest owed under Section 18 of the RERA Act.
Tribunal Order #0901126019092024-01-10-2024
The Tribunal granted the appellant time to file an affidavit clarifying why the occupancy certificate was issued in the name of 'AVJ Towers Developers Private Limited' instead of the developer, 'Omaxe India Trade Centre Private Limited'.
Tribunal Order #0901126019092024-27-09-2024
The Tribunal directed the appellant to file a CA certificate regarding amount calculations and deposit any necessary funds in compliance with Section 43(5) of the Act 2016, before listing the appeal for final hearing on 01.10.2024.
Tribunal Order #0901126019092024-18-09-2024
The Tribunal directed the office to report on compliance with Section 43(5) of the Act and the filing of a CA certificate within 3 days, while also directing the appellant to file a rejoinder affidavit within 7 days.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal filed by Omaxe India Trade Centre Pvt Ltd, upholding the RERA Authority's order to refund the respondent's deposited amount of Rs 27,24,934 along with interest at MCLR+1% due to project delay. The ruling clarifies that 'commitment charges' are independent commercial arrangements and cannot be adjusted against statutory interest owed under Section 18 of the RERA Act. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal filed by Omaxe India Trade Centre Pvt Ltd, upholding the RERA Authority's order to refund the respondent's deposited amount of Rs 27,24,934 along with interest at MCLR+1% due to project delay. The ruling clarifies that 'commitment charges' are independent commercial arrangements and cannot be adjusted against statutory interest owed under Section 18 of the RERA Act.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from date of deposit till date of payment
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vineet K Singh Bisen
Respondent Advocate(s)
- Azhar Ikram
- Manish Singh
Official RERA Tribunal Orders (4)
The Tribunal dismissed the appeal filed by Omaxe India Trade Centre Pvt Ltd, upholding the RERA Authority's order to refund the respondent's deposited amount of Rs 27,24,934 along with interest at MCLR+1% due to project delay. The ruling clarifies that 'commitment charges' are independent commercial arrangements and cannot be adjusted against statutory interest owed under Section 18 of the RERA Act.
The Tribunal granted the appellant time to file an affidavit clarifying why the occupancy certificate was issued in the name of 'AVJ Towers Developers Private Limited' instead of the developer, 'Omaxe India Trade Centre Private Limited'.
The Tribunal directed the appellant to file a CA certificate regarding amount calculations and deposit any necessary funds in compliance with Section 43(5) of the Act 2016, before listing the appeal for final hearing on 01.10.2024.
The Tribunal directed the office to report on compliance with Section 43(5) of the Act and the filing of a CA certificate within 3 days, while also directing the appellant to file a rejoinder affidavit within 7 days.
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