Appellant / Complainant
Amit Pathak
Respondent
Saviour Builder Pvt. Ltd., Crossings Infrastructure Pvt Ltd
saviour builder pvt. ltd.
₹23,95,000
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 0901126027392022 by Amit Pathak against Saviour Builder Pvt. Ltd., Crossings Infrastructure Pvt Ltd before up_rera.
For Order
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the developer cannot claim possession was handed over solely based on a Sale Deed when evidence suggests the unit remains uninhabitable without an Occupancy Certificate (OC) and Completion Certificate (CC).
For Order
The Tribunal granted an adjournment at the request of the appellant's counsel to seek instructions regarding the legal status of physical possession and has rescheduled the hearing for May 6, 2024.
For Order
The Tribunal granted the respondent one week to file objections and scheduled the matter for hearing on April 16, 2024, regarding the application for condonation of delay.
For Order
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the hearing for the application for condonation of delay on 28.03.2024.
For Order
The Tribunal accepted the newspaper publication in Amar Ujala as sufficient service of notice to the respondent and scheduled the matter for consideration of condonation of delay on 21.02.2024.
For Order
The Tribunal granted the applicant one week to file an affidavit of service containing the newspaper notice published for the respondent, and rescheduled the matter for 01.05.2023.
For Order
The Tribunal directed that notice be issued via newspaper for the next hearing on 17.04.2023 after approval from the Registrar, as the applicant had previously failed to take necessary steps.
Notice
The court noted the request for a change of counsel and scheduled the case for orders/hearing on March 1, 2023.
Notice
The Tribunal directed the issuance of fresh notice to the respondent via newspaper publication and ordered the appellant to take necessary steps within 20 days.
Notice
The Tribunal directed the concerned P.S. to rectify a clerical error regarding duplicate order uploads and ordered the publication of notice in newspapers, with steps to be taken within 20 days.
Notice
The Tribunal scheduled the case for a hearing on 12.09.2022, to be heard alongside Cross Appeal No. 154/2022, noting that the matter will proceed if counsel fails to appear.
Delay condonation
The Tribunal directed the appellant to serve notice of the appeal and delay condonation application to the respondent via speed-post and email, and scheduled the matter for 11.08.2022.
Delay condonation
The Tribunal directed the appellant's counsel to rectify registry defects within 15 days and scheduled the matter for a hearing on 04.07.2022.
Tribunal Order #0901126027392022-06-05-2024
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the developer cannot claim possession was handed over solely based on a Sale Deed when evidence suggests the unit remains uninhabitable without an Occupancy Certificate (OC) and Completion Certificate (CC).
Tribunal Order #0901126027392022-12-09-2022
The Tribunal directed the concerned P.S. to rectify a clerical error regarding duplicate order uploads and ordered the publication of notice in newspapers, with steps to be taken within 20 days.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the developer cannot claim possession was handed over solely based on a Sale Deed when evidence suggests the unit remains uninhabitable without an Occupancy Certificate (OC) and Completion Certificate (CC). Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the developer cannot claim possession was handed over solely based on a Sale Deed when evidence suggests the unit remains uninhabitable without an Occupancy Certificate (OC) and Completion Certificate (CC).
Ruling Awarded To
Appellant
Interest Period
from July 2015 till actual delivery of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Surangama Sharma
- Shivansh Shukla
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (2)
The Appellate Tribunal set aside the Regulatory Authority's order and remanded the matter back for fresh adjudication, ruling that the developer cannot claim possession was handed over solely based on a Sale Deed when evidence suggests the unit remains uninhabitable without an Occupancy Certificate (OC) and Completion Certificate (CC).
The Tribunal directed the concerned P.S. to rectify a clerical error regarding duplicate order uploads and ordered the publication of notice in newspapers, with steps to be taken within 20 days.
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