Appellant / Complainant
Mohd. Saleem Ahmad Through Poa Mohd. Yaqub
Respondent
Emaar Mgf Land Ltd.
emaar mgf land ltd.
₹76,55,530
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 0901126004232021 by Mohd. Saleem Ahmad Through Poa Mohd. Yaqub against Emaar Mgf Land Ltd. before up_rera.
Further Order
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Mohd. Saleem Ahmad, upholding the Regulatory Authority's decision that possession had been legally delivered and ruling that interference by third parties is a matter for civil/criminal forums rather than a basis for seeking possession from the developer.
Further Order
The Tribunal noted the appellant's claim regarding defective title despite execution of the sale deed and directed both parties to appear on 21.07.2022 for final hearing.
Hearing
The Tribunal directed both parties to exchange lists of dates, events, and relied-upon case laws at least seven days prior to the next hearing, which is scheduled for final hearing on 10.05.2022.
For Order
The Tribunal granted the appellant two weeks to file a reply to the respondent's objections and scheduled the appeal for hearing on 06.04.2022.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and directed the respondent to file a reply to the grounds of appeal before the next hearing date on 02.02.2022.
Hearing
The Tribunal granted the respondent one week to file objections to the grounds of appeal and directed both parties to upload their pleadings on the e-portal before the next hearing on 10.01.2022.
Further Order
The Tribunal directed the respondent to file objections within two weeks and the appellant to reply within one week thereafter, scheduling the next hearing for 16.12.2021.
Further Order
The Tribunal directed the Registry to convert the defective appeal into a regular appeal after defects were removed and adjourned the matter to 29.11.2021.
Hearing
The Tribunal noted that notice had not been duly served on the respondent and directed the appellant to publish notice in local newspapers (Amar Ujala and Hindustan) within 15 days.
Hearing
Due to the non-appearance of parties during the hearing, the Tribunal issued notices via email and rescheduled the appeal for hearing on 21.09.2021.
Defect Removal
The Tribunal granted the appellant permission to take fresh steps for service on the respondent and directed the exchange of documents regarding the application for condonation of delay via email.
Defect Removal
The Tribunal noted that the notice sent to the respondent was returned undelivered; consequently, the appellant's counsel is directed to provide a fresh correct address within one week and the matter is listed for 08.03.2021.
Defect Removal
The Tribunal granted the appellant 10 days to rectify registry defects and directed that notice be issued to the respondent via registered post and email.
Tribunal Order #0901126004232021-21-07-2022
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Mohd. Saleem Ahmad, upholding the Regulatory Authority's decision that possession had been legally delivered and ruling that interference by third parties is a matter for civil/criminal forums rather than a basis for seeking possession from the developer.
Tribunal Disposal & Final Award Ruling
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Mohd. Saleem Ahmad, upholding the Regulatory Authority's decision that possession had been legally delivered and ruling that interference by third parties is a matter for civil/criminal forums rather than a basis for seeking possession from the developer. Awarded in favor of Respondent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Mohd. Saleem Ahmad, upholding the Regulatory Authority's decision that possession had been legally delivered and ruling that interference by third parties is a matter for civil/criminal forums rather than a basis for seeking possession from the developer.
Ruling Awarded To
Respondent
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Syed Anzar Husain
Respondent Advocate(s)
- Saurabh Misra
Official RERA Tribunal Orders (1)
The U.P. Real Estate Appellate Tribunal dismissed the appeal filed by Mohd. Saleem Ahmad, upholding the Regulatory Authority's decision that possession had been legally delivered and ruling that interference by third parties is a matter for civil/criminal forums rather than a basis for seeking possession from the developer.
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