Appellant / Complainant
Omaxe India Trade Centre Private Limited
Respondent
Pradeep
omaxe india trade centre private limited
₹27,58,964
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 0901126033532022 by Omaxe India Trade Centre Private Limited against Pradeep before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Adjudicating Officer's orders, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession, and directed the appellant to apply for the release of their pre-deposit.
Hearing
The Tribunal granted interim relief by restraining the Regulatory Authority and Recovery Officer from executing recovery orders against the appellant to prevent double jeopardy, as the appellant has already deposited Rs 10,54,502/- before the Tribunal pending final judgment.
Hearing
The Tribunal adjourned the matter to 08.08.2023 to consider the appellant's application for interim relief regarding a recovery certificate issued despite a prior deposit made under Section 43(5) of the Act.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to a conflict with a High Court engagement and rescheduled the hearing for July 31, 2023.
Hearing
The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and rescheduled the hearing for 18.05.2023 along with similar matters.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to medical reasons and rescheduled the hearing for 08.05.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and scheduled the appeal for hearing on 11.04.2023.
For Order
The Tribunal noted that pleadings have been exchanged and, upon joint request from both counsels, scheduled the appeal for a hearing on 25.01.2022.
Delay condonation
The Tribunal directed the respondent to upload their objections to the e-portal and granted the appellant one week to file a reply and serve it to the respondent.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the appeal and directed both parties to exchange copies via email and upload them to the e-portal. It also instructed the respondent's counsel to register their names on the Tribunal's e-portal.
Delay condonation
This text appears to be the header/caption of a court order from the U.P. Real Estate Appellate Tribunal dated 28.09.2022, containing party names and presiding members, but does not include any substantive rulings or directives.
Notice
The Tribunal verified that the appeal was filed within the limitation period and confirmed compliance with Section 43(5) of the Act via a deposit of Rs.10,85,470/-, directing the Registry to convert the defective appeal into a regular appeal.
Defect Removal
The Tribunal issued notice to the respondent and directed the Registry to verify compliance with Section 43(5) of the Act regarding the applicant's deposit of Rs. 10,85,470/-.
Tribunal Order #0901126033532022-16-08-2023
The Tribunal set aside the Adjudicating Officer's orders, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession, and directed the appellant to apply for the release of their pre-deposit.
Tribunal Order #0901126033532022-08-08-2023
The Tribunal granted interim relief by restraining the Regulatory Authority and Recovery Officer from executing recovery orders against the appellant to prevent double jeopardy, as the appellant has already deposited Rs 10,54,502/- before the Tribunal pending final judgment.
Tribunal Order #0901126033532022-02-09-2022
The Tribunal verified that the appeal was filed within the limitation period and confirmed compliance with Section 43(5) of the Act via a deposit of Rs.10,85,470/-, directing the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126033532022-31-07-2023
The Tribunal adjourned the matter to 08.08.2023 to consider the appellant's application for interim relief regarding a recovery certificate issued despite a prior deposit made under Section 43(5) of the Act.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's orders, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession, and directed the appellant to apply for the release of their pre-deposit. Awarded in favor of Appellant. Awarded interest rate: MCLR+ 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's orders, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession, and directed the appellant to apply for the release of their pre-deposit.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+ 1%
Interest Period
from 01.05.2017 till the date of issuance of possession letter (excluding force majeure period from 25.03.2020 to 25.09.2020)
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vineet K Singh Bisen
Respondent Advocate(s)
- Amit Kumar Srivastava
- Amit Srivastava
Official RERA Tribunal Orders (4)
The Tribunal set aside the Adjudicating Officer's orders, ruling that the AO lacked jurisdiction to grant interest as compensation for delay in possession, and directed the appellant to apply for the release of their pre-deposit.
The Tribunal granted interim relief by restraining the Regulatory Authority and Recovery Officer from executing recovery orders against the appellant to prevent double jeopardy, as the appellant has already deposited Rs 10,54,502/- before the Tribunal pending final judgment.
The Tribunal verified that the appeal was filed within the limitation period and confirmed compliance with Section 43(5) of the Act via a deposit of Rs.10,85,470/-, directing the Registry to convert the defective appeal into a regular appeal.
The Tribunal adjourned the matter to 08.08.2023 to consider the appellant's application for interim relief regarding a recovery certificate issued despite a prior deposit made under Section 43(5) of the Act.
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