Appellant / Complainant
Amit Gauba
Respondent
Saya Buildcon Consortium Pvt. Ltd.
saya buildcon consortium pvt. ltd.
₹34,00,000
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 0901126038692022 by Amit Gauba against Saya Buildcon Consortium Pvt. Ltd. before up_rera.
Hearing
The Appellate Tribunal set aside the U.P.RERA order, ruling that the appellant is an allottee entitled to possession and delay interest, and held that any third-party transfers of the unit are subject to the doctrine of lis pendens.
Hearing
The Tribunal imposed a cost of Rs. 25,000 on the respondent for seeking repeated adjournments and ordered that the appeal shall proceed ex parte against the respondent.
Hearing
The Tribunal has scheduled the appeal for orders on July 15, 2025.
Hearing
The Tribunal addressed a respondent's request to condone a ₹10,000 cost imposed for seeking an adjournment in violation of a previous 'stop order'; the matter is scheduled for a hearing on merits on 15.05.2025.
Hearing
The Tribunal denied a request for adjournment and ordered the respondent to pay a cost of Rs. 10,000 to the appellant before the next hearing on 21.04.2025.
Hearing
The Tribunal granted both parties one week to upload specific documents and scheduled the case for a final hearing on 21.03.2025, noting that no further adjournments will be permitted.
Hearing
The Tribunal granted the respondent counsel additional time to prepare his brief and scheduled the appeal for a final hearing on 28.02.2025.
Hearing
The Tribunal noted the appellant's submission regarding the filing of a rejoinder and granted an adjournment requested by the respondent, scheduling the final hearing for January 31, 2025.
Hearing
The Tribunal granted the appellant additional time to file a rejoinder against the respondent's objections and scheduled the next hearing for January 16, 2025.
Hearing
The Tribunal granted the appellant's request to list the appeal for hearing on 13.12.2024 and permitted the appellant to upload a rejoinder in the interim.
Hearing
The U.P. Real Estate Appellate Tribunal dismissed the appeal for want of prosecution due to the appellant's failure to appear and non-compliance with previous orders.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel due to the senior counsel's personal family issues and rescheduled the case for hearing on 25.07.2023.
Hearing
The Tribunal granted an adjournment requested by the respondent's counsel and rescheduled the case for orders/hearing on 08.05.2023.
Hearing
The Tribunal directed the appellant to re-upload the entire digital record of the appeal, noting structural defects such as lack of pagination and missing descriptions/dates for annexures.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and rescheduled the hearing to 13.03.2023, with a warning that no further adjournments would be permitted.
Hearing
The Tribunal granted the appellant three days to re-upload complete and properly described annexures and established a timeline for the exchange of documents and objections via email.
Hearing
The Tribunal granted the respondent one week to file objections to the grounds of appeal and directed the parties to exchange pleadings via email and upload them to the e-portal before the next hearing on 04.01.2023.
For Order
The Tribunal granted the respondent 10 days to file objections to the appeal and established a timeline for the exchange of replies via email and the e-portal, scheduling the next hearing for December 2, 2022.
Notice
The Tribunal ruled that service upon the respondent was sufficient and granted them 10 days to file objections, failing which the matter will proceed ex parte.
Admission
The Tribunal issued a notice to the respondent and outlined the procedural requirements for service of notice and filing of objections/replies, scheduling the next hearing for 27.09.2022.
Tribunal Order #0901126038692022-15-07-2025
The Tribunal imposed a cost of Rs. 25,000 on the respondent for seeking repeated adjournments and ordered that the appeal shall proceed ex parte against the respondent.
Tribunal Order #0901126038692022-28-07-2025
The Appellate Tribunal set aside the U.P.RERA order, ruling that the appellant is an allottee entitled to possession and delay interest, and held that any third-party transfers of the unit are subject to the doctrine of lis pendens.
Tribunal Order #0901126038692022-21-04-2025
The Tribunal addressed a respondent's request to condone a ₹10,000 cost imposed for seeking an adjournment in violation of a previous 'stop order'; the matter is scheduled for a hearing on merits on 15.05.2025.
Tribunal Order #0901126038692022-21-03-2025
The Tribunal denied a request for adjournment and ordered the respondent to pay a cost of Rs. 10,000 to the appellant before the next hearing on 21.04.2025.
Tribunal Order #0901126038692022-13-03-2023
The Tribunal directed the appellant to re-upload the entire digital record of the appeal, noting structural defects such as lack of pagination and missing descriptions/dates for annexures.
Tribunal Order #0901126038692022-23-01-2024
The U.P. Real Estate Appellate Tribunal dismissed the appeal for want of prosecution due to the appellant's failure to appear and non-compliance with previous orders.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside the U.P.RERA order, ruling that the appellant is an allottee entitled to possession and delay interest, and held that any third-party transfers of the unit are subject to the doctrine of lis pendens. The U.P. Real Estate Appellate Tribunal dismissed the appeal for want of prosecution due to the appellant's failure to appear and non-compliance with previous orders. Awarded in favor of Appellant. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside the U.P.RERA order, ruling that the appellant is an allottee entitled to possession and delay interest, and held that any third-party transfers of the unit are subject to the doctrine of lis pendens. The U.P. Real Estate Appellate Tribunal dismissed the appeal for want of prosecution due to the appellant's failure to appear and non-compliance with previous orders.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR+1%
Interest Period
w.e.f., 31.07.2018 to 17.04.2024
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Piyush Verma
- Abhijat Pratap Singh
Respondent Advocate(s)
- Mandeep Singh
- Jayant Gupta
Official RERA Tribunal Orders (6)
The Tribunal imposed a cost of Rs. 25,000 on the respondent for seeking repeated adjournments and ordered that the appeal shall proceed ex parte against the respondent.
The Appellate Tribunal set aside the U.P.RERA order, ruling that the appellant is an allottee entitled to possession and delay interest, and held that any third-party transfers of the unit are subject to the doctrine of lis pendens.
The Tribunal addressed a respondent's request to condone a ₹10,000 cost imposed for seeking an adjournment in violation of a previous 'stop order'; the matter is scheduled for a hearing on merits on 15.05.2025.
The Tribunal denied a request for adjournment and ordered the respondent to pay a cost of Rs. 10,000 to the appellant before the next hearing on 21.04.2025.
The Tribunal directed the appellant to re-upload the entire digital record of the appeal, noting structural defects such as lack of pagination and missing descriptions/dates for annexures.
The U.P. Real Estate Appellate Tribunal dismissed the appeal for want of prosecution due to the appellant's failure to appear and non-compliance with previous orders.
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