Appellant / Complainant
Shabnam Saurabh Jain
Respondent
Omaxe Ltd
omaxe ltd
₹57,71,293
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 0901126028832021 by Shabnam Saurabh Jain against Omaxe Ltd before up_rera.
Re-Hearing
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable under the Real Estate (Regulation and Development) Act, 2016, because the project in question was never registered as an 'ongoing project' following the Act's enactment.
For Order
Upon the joint request of both parties, the Tribunal has adjourned the appeal and scheduled it for orders or hearing on 11.03.2025.
Hearing
The Tribunal heard arguments from both parties regarding Appeal-520/2021 and has reserved the judgment for a later date.
Hearing
The Tribunal adjourned the proceedings due to the absence of the appellant's counsel and scheduled the next hearing for August 2, 2024.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the appeal hearing for July 3, 2024.
Hearing
The Tribunal granted the respondent one week to submit documents demonstrating that their application for OC/CC was filed prior to the RERA Act's enforcement, and scheduled the matter for orders on 03.05.2024.
Hearing
The Tribunal granted the respondent one week to verify the disputed registration number and to file the application for a completion certificate along with its enclosures. The matter is scheduled for further orders/hearing on 02.04.2024.
Hearing
The Tribunal granted the appellant one week to examine certificates uploaded by the respondent regarding OC/CC applications and directed the matter to be listed for hearing on 05.03.2024.
Hearing
The Tribunal has scheduled the appeal for orders or hearing on November 3, 2023.
Hearing
The Tribunal directed the respondent to produce evidence proving the project was completed to determine if registration under the Act 2016 was required, specifically requesting the application for a completion certificate and clarification on whether a full certificate was issued after 27.10.2016.
Hearing
The Tribunal granted a request for adjournment by the appellant's counsel due to a prior engagement and rescheduled the hearing for 24.05.2023.
Hearing
The Tribunal granted an adjournment requested by the appellant's new counsel and scheduled the appeal for a hearing on 26.04.2023.
Hearing
The appeal is adjourned due to the absence of counsel for both parties who are on sanctioned leave; the matter is rescheduled for hearing on 08.02.2023.
Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the hearing for November 3, 2022.
Hearing
The Tribunal granted an adjournment application filed by the respondent's counsel and rescheduled the hearing for 29.09.2022.
Hearing
The Tribunal directed both parties to file concise written arguments along with relied-upon judgments and scheduled the next hearing for July 29, 2022.
Hearing
The Tribunal directed the appellant's counsel to rectify procedural defects by affixing a photograph to the affidavit and removing other defects within three days, with the case scheduled for hearing on 20.05.2021.
Hearing
The Tribunal allowed the application for condonation of delay, citing the Supreme Court's COVID-19 limitation extensions, and ordered the defective appeal to be converted into a regular appeal.
Hearing
The Tribunal granted the appellant two weeks to file a better affidavit in support of their application for condonation of delay and scheduled the matter for hearing on 17.01.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent and directed both parties to exchange objections regarding the application for condonation of delay via email within specified timelines.
Delay condonation
The Tribunal granted an adjournment following an application by the appellant and directed the respondent to file their Vakalatnama and reply to the appeal within 10 days.
Notice
The Tribunal granted permission for the appellant to serve the respondent via Dasti summons due to a returned notice and set a timeline for filing objections and replies before the next hearing on 21.09.2021.
Delay condonation
The Tribunal noted that the appeal was filed beyond the stipulated time limit and directed the appellant to file Form-L and issue notice to the respondent before the next hearing on 27.08.2021.
Tribunal Order #0901126028832021-11-03-2025
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable under the Real Estate (Regulation and Development) Act, 2016, because the project in question was never registered as an 'ongoing project' following the Act's enactment.
Tribunal Order #0901126028832021-05-03-2024
The Tribunal granted the respondent one week to verify the disputed registration number and to file the application for a completion certificate along with its enclosures. The matter is scheduled for further orders/hearing on 02.04.2024.
Tribunal Order #0901126028832021-04-08-2023
The Tribunal directed the respondent to produce evidence proving the project was completed to determine if registration under the Act 2016 was required, specifically requesting the application for a completion certificate and clarification on whether a full certificate was issued after 27.10.2016.
Tribunal Order #0901126028832021-25-02-2022
The Tribunal allowed the application for condonation of delay, citing the Supreme Court's COVID-19 limitation extensions, and ordered the defective appeal to be converted into a regular appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable under the Real Estate (Regulation and Development) Act, 2016, because the project in question was never registered as an 'ongoing project' following the Act's enactment. Awarded in favor of Respondent. Awarded interest rate: 18%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable under the Real Estate (Regulation and Development) Act, 2016, because the project in question was never registered as an 'ongoing project' following the Act's enactment.
Ruling Awarded To
Respondent
Awarded Interest Rate
18%
Interest Period
till the date of actual possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Amit Singh
- Shikhar Srivastava
- Satya Prakash Yadav
Respondent Advocate(s)
- V K S Bisen
Official RERA Tribunal Orders (4)
The Tribunal dismissed the appeal, ruling that the complaint was not maintainable under the Real Estate (Regulation and Development) Act, 2016, because the project in question was never registered as an 'ongoing project' following the Act's enactment.
The Tribunal granted the respondent one week to verify the disputed registration number and to file the application for a completion certificate along with its enclosures. The matter is scheduled for further orders/hearing on 02.04.2024.
The Tribunal directed the respondent to produce evidence proving the project was completed to determine if registration under the Act 2016 was required, specifically requesting the application for a completion certificate and clarification on whether a full certificate was issued after 27.10.2016.
The Tribunal allowed the application for condonation of delay, citing the Supreme Court's COVID-19 limitation extensions, and ordered the defective appeal to be converted into a regular appeal.
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