Appellant / Complainant
Omaxe India Trade Centre Pvt. Ltd.
Respondent
Mamta Jha
omaxe india trade centre pvt. ltd.
₹34,16,652
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 0901126015332020 by Omaxe India Trade Centre Pvt. Ltd. against Mamta Jha before up_rera.
Further Order
The Tribunal clarified that the refund amount of Rs. 26,75,000/- to be released under Section 43(5) of the Act shall be distributed equally between the two respondents.
Further Order
The Tribunal directed the execution of a registered sub-lease agreement within 30 days after respondents complete stamp duty formalities, and ordered the distribution of funds deposited under Section 43(5), allocating Rs. 26,75,000 to the respondents and Rs. 7,41,652 back to the applicant.
Further Order
The case was adjourned in the interest of justice as no parties appeared when the case was called.
Delay condonation
The Tribunal noted a potential settlement where the developer agreed to provide possession of the flat along with delay penalties and interest; consequently, both parties were directed to appear in person/via authorized representative for final settlement discussions.
Delay condonation
The Tribunal granted the appellant two weeks to file a better affidavit explaining the 165-day delay in filing the appeal and scheduled the matter for hearing on 29.10.2021.
Delay condonation
The Tribunal granted a request from both parties to list the case on 29.09.2021 for consideration of an application for condonation of delay and directed that no further adjournments will be granted.
Tribunal Order #0901126015332020-25-01-2022
The Tribunal clarified that the refund amount of Rs. 26,75,000/- to be released under Section 43(5) of the Act shall be distributed equally between the two respondents.
Tribunal Order #0901126015332020-23-12-2021
The Tribunal directed the execution of a registered sub-lease agreement within 30 days after respondents complete stamp duty formalities, and ordered the distribution of funds deposited under Section 43(5), allocating Rs. 26,75,000 to the respondents and Rs. 7,41,652 back to the applicant.
Tribunal Order #0901126015332020-29-10-2021
The Tribunal noted a potential settlement where the developer agreed to provide possession of the flat along with delay penalties and interest; consequently, both parties were directed to appear in person/via authorized representative for final settlement discussions.
Tribunal Disposal & Final Award Ruling
The Tribunal clarified that the refund amount of Rs. 26,75,000/- to be released under Section 43(5) of the Act shall be distributed equally between the two respondents. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal clarified that the refund amount of Rs. 26,75,000/- to be released under Section 43(5) of the Act shall be distributed equally between the two respondents.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- V K S Bisen
Respondent Advocate(s)
- Mohammad Ehtesham
Official RERA Tribunal Orders (3)
The Tribunal clarified that the refund amount of Rs. 26,75,000/- to be released under Section 43(5) of the Act shall be distributed equally between the two respondents.
The Tribunal directed the execution of a registered sub-lease agreement within 30 days after respondents complete stamp duty formalities, and ordered the distribution of funds deposited under Section 43(5), allocating Rs. 26,75,000 to the respondents and Rs. 7,41,652 back to the applicant.
The Tribunal noted a potential settlement where the developer agreed to provide possession of the flat along with delay penalties and interest; consequently, both parties were directed to appear in person/via authorized representative for final settlement discussions.
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