Appellant / Complainant
Shobha Sharma
Respondent
Omaxe Limited, U.P. Real Estate Regulatory Authority Lucknow
omaxe limited
₹34,18,221
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 0901126023952021 by Shobha Sharma against Omaxe Limited, U.P. Real Estate Regulatory Authority Lucknow before up_rera.
Part Heard
The Tribunal set aside the Regulatory Authority's order, directing the respondent to hand over possession of the allotted unit after adjusting delay interest (MCLR+1%) from 04.07.2016 and quashing an illegal demand notice for holding charges.
Part Heard
The Tribunal has granted a request from the respondent's counsel to list the case for orders on 14.05.2026.
Hearing
The Tribunal has ordered the appeal to be listed before Bench No. 2 on April 20, 2026, as a part-heard matter.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 13.03.2026.
Hearing
The Tribunal granted the respondent time to file a reply to the appellant's objections regarding a calculation chart and adjourned the matter to 20.02.2026 for further orders.
Hearing
The Tribunal granted requests for adjournment from both parties and rescheduled the appeal for hearing on 06.02.2026.
Part Heard
The Tribunal clarified that a promoter cannot claim both delay interest and holding charges from an allottee in a delayed project and granted parties time to file replies to the respondent's calculation sheet.
Part Heard
The Tribunal noted that the matter is part-heard and ordered the appeal to be listed before an appropriate Bench on 27.11.2025.
Part Heard
The Tribunal granted a request from both counsels for an adjournment and rescheduled the appeal for orders/hearing on 21.11.2025.
Part Heard
The Tribunal granted the respondent time to file a calculation chart regarding delay interest payable between the parties and scheduled the appeal for final hearing on 17.11.2025.
Part Heard
The Tribunal noted that the matter is part-heard by Bench No. 2 and ordered the appeal to be listed before Bench No. 2 on October 28, 2025.
Part Heard
The Tribunal has adjourned the appeal to 23.09.2025 for a final hearing following a joint request from both parties.
Part Heard
The Tribunal granted both parties a final seven-day extension to upload all pages of the Builder Buyer Agreement (BBA) and other relevant documents, scheduling the next hearing for 08.09.2025.
Part Heard
The Tribunal has scheduled the appeal for a hearing on August 22, 2025, before Bench No. 2.
Part Heard
The parties have agreed to seek time to negotiate the execution of the sale deed and possession of the unit; consequently, the appeal is adjourned to 18.08.2025.
Part Heard
The Tribunal heard arguments from both counsels and scheduled the appeal for a final hearing on August 5, 2025.
Final Hearing
The Tribunal granted the respondent's counsel additional time to argue the case and adjourned the appeal to 28.07.2025.
Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the matter and scheduled the appeal for final hearing on 03.07.2025.
For Order
The Tribunal has adjourned the appeal to 06.05.2025 for orders or hearing upon the request of the respondent's counsel.
For Order
The Tribunal has adjourned the matter to 10.04.2025 for orders, following a joint request from the counsel representing both parties.
For Order
The Tribunal granted a request for adjournment from the respondent's counsel due to them being out of station and rescheduled the hearing for 04.03.2025.
For Order
The Tribunal granted the appellant's counsel time to prepare his brief and adjourned the matter for hearing on 11.02.2025.
For Order
The Tribunal has adjourned the appeal to 21.01.2025 for orders upon the request of the learned counsel for both parties.
Hearing
The Tribunal heard arguments from the counsels for both parties regarding Appeal-351/2021 and has reserved the judgment for further consideration.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 29.08.2024.
Hearing
The appeal was adjourned because the counsel for the appellant was unprepared; the matter is rescheduled for hearing on 26.07.2024.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel due to his absence and scheduled the appeal for hearing on 30.04.2024.
Hearing
The Tribunal granted the appellant's counsel additional time to prepare the brief and adjourned the appeal for hearing to 28.03.2024.
Hearing
The Tribunal granted an adjournment at the request of the appellant's counsel due to a potential settlement between the parties and rescheduled the hearing for 27.02.2024.
Hearing
The Tribunal has scheduled the appeal for a hearing on 13.02.2024 following a report that the appellant's counsel was out of station.
Hearing
The Tribunal adjourned the proceedings due to a three-day strike called by the Bar Council of Uttar Pradesh and rescheduled the hearing for 12.10.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel on health grounds and rescheduled the hearing for September 4, 2023.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing of Appeal-351/2021 to 09.05.2023.
Hearing
The Tribunal has revised the list due to lack of time and adjourned the appeal for a hearing on 28.03.2023.
Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the appeal for hearing on 27.01.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing for November 21, 2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the appeal for hearing on 31.10.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the hearing for September 22, 2022.
Hearing
The Tribunal directed the appellant to file objections to the respondent's revised sanctioned plan within 20 days and ordered both parties to exchange written arguments before the next hearing on 29.07.2022.
Hearing
The Tribunal directed the respondent to file an approved and revised layout plan within 20 days and provide a copy to the appellant's counsel via email.
Hearing
The Tribunal directed the respondent-builder company to file its approved and revised sanctioned layouts and ordered both parties to exchange lists of dates, events, and relied-upon case law before the next hearing.
Further Order
The Tribunal granted a joint request from the counsel for both parties to adjourn the appeal and rescheduled the hearing for 11.03.2022.
Hearing
The Tribunal directed the appellant to file a replication/rejoinder against the respondent's reply and scheduled the matter for further orders on 13.01.2022.
Hearing
The Tribunal granted the respondent two weeks to file objections to the grounds of appeal and directed the parties to exchange replies via email before the next hearing on 24.11.2021.
Hearing on Appeal
The Tribunal granted the appellant three days to file an affidavit of service and rescheduled the appeal hearing to 01.11.2021.
Hearing on Appeal
The Tribunal issued notice to the respondent and directed the appellant to serve the memo of appeal via speed post and email, with subsequent instructions for filing objections and replies.
Tribunal Order #0901126023952021-28-10-2025
The Tribunal granted the respondent time to file a calculation chart regarding delay interest payable between the parties and scheduled the appeal for final hearing on 17.11.2025.
Tribunal Order #0901126023952021-11-03-2022
The Tribunal directed the respondent-builder company to file its approved and revised sanctioned layouts and ordered both parties to exchange lists of dates, events, and relied-upon case law before the next hearing.
Tribunal Order #0901126023952021-14-05-2026
The Tribunal set aside the Regulatory Authority's order, directing the respondent to hand over possession of the allotted unit after adjusting delay interest (MCLR+1%) from 04.07.2016 and quashing an illegal demand notice for holding charges.
Tribunal Order #0901126023952021-09-12-2025
The Tribunal clarified that a promoter cannot claim both delay interest and holding charges from an allottee in a delayed project and granted parties time to file replies to the respondent's calculation sheet.
Tribunal Order #0901126023952021-22-04-2022
The Tribunal directed the respondent to file an approved and revised layout plan within 20 days and provide a copy to the appellant's counsel via email.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's order, directing the respondent to hand over possession of the allotted unit after adjusting delay interest (MCLR+1%) from 04.07.2016 and quashing an illegal demand notice for holding charges. Awarded in favor of Appellant. Awarded interest rate: MCLR+1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's order, directing the respondent to hand over possession of the allotted unit after adjusting delay interest (MCLR+1%) from 04.07.2016 and quashing an illegal demand notice for holding charges.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1 percent
Interest Period
from 04.07.2016 till the date of offer of possession/handing over possession of the unit
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vinay Lakhani
- Saurabh Misra
Respondent Advocate(s)
- V K S Bisen
Official RERA Tribunal Orders (5)
The Tribunal granted the respondent time to file a calculation chart regarding delay interest payable between the parties and scheduled the appeal for final hearing on 17.11.2025.
The Tribunal directed the respondent-builder company to file its approved and revised sanctioned layouts and ordered both parties to exchange lists of dates, events, and relied-upon case law before the next hearing.
The Tribunal set aside the Regulatory Authority's order, directing the respondent to hand over possession of the allotted unit after adjusting delay interest (MCLR+1%) from 04.07.2016 and quashing an illegal demand notice for holding charges.
The Tribunal clarified that a promoter cannot claim both delay interest and holding charges from an allottee in a delayed project and granted parties time to file replies to the respondent's calculation sheet.
The Tribunal directed the respondent to file an approved and revised layout plan within 20 days and provide a copy to the appellant's counsel via email.
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