Appellant / Complainant
Amit Kumar Gupta
Respondent
Vihaan Developers Pvt. Ltd.
vihaan developers pvt. ltd.
₹47,21,556
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 0901126016982023 by Amit Kumar Gupta against Vihaan Developers Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the execution orders that had mechanically imposed a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue in a delayed project for possession or withdraw for a refund belongs solely to the allottee, not the promoter.
Hearing
The Tribunal granted the appellant a final opportunity to argue the appeal and adjourned the matter to 30.01.2026.
Hearing
The Tribunal granted an adjournment application filed by the counsels for both parties and rescheduled the appeal for hearing on 13.01.2025.
Hearing
The Tribunal noted that the matter is part-heard by another bench and adjourned the appeal for hearing to 27.11.2025 before the appropriate bench.
Hearing
The Tribunal granted the appellant seven days to file objections to the respondent's application for a stay on the recovery certificate, with a subsequent week allowed for filing a reply.
Hearing
Upon the joint request of the parties, the tribunal has adjourned the appeal for orders/hearing to 13.10.2025.
Hearing
The Tribunal has adjourned the appeal and ordered it to be listed for a subsequent hearing on 15.09.2025.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay, excusing the 64-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal for listing on 25.08.2025.
Delay condonation
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order on the matter.
Delay condonation
The Tribunal has adjourned the appeal for final hearing on 03.07.2025 following a joint request from the counsel for both parties.
Delay condonation
The Tribunal noted that the appeal was wrongly listed for the current date and ordered it to be listed on its previously fixed date of 20.05.2025.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and allowed the appellant time to file a rejoinder affidavit, scheduling the next hearing for May 2, 2025.
Delay condonation
The Tribunal granted the respondent two weeks to file objections, with the appellant permitted to file a reply within one week thereafter, and scheduled the next hearing for April 7, 2025.
Delay condonation
The Tribunal granted the respondent 10 days to file objections, with a subsequent week allowed for any rejoinder, and scheduled the next hearing for March 6, 2025.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit for the condonation of delay and scheduled the matter for hearing on 12.02.2025.
Delay condonation
Upon the joint request of both parties, the Tribunal has adjourned the appeal and scheduled it for a hearing on 17.01.2025.
Delay condonation
The Tribunal noted the filing of a certified copy of an amendment application and granted the appellant time to prepare arguments, adjourning the matter to 28.10.2024.
Delay condonation
The Tribunal granted the appellant 10 days to file documentary evidence regarding an amendment application and directed the respondent to file a reply within a week thereafter, listing the matter for 20.09.2024.
Delay condonation
The Tribunal has scheduled a defective appeal for orders on 14.08.2024, following a request to align its listing with connected matters.
Delay condonation
The Tribunal has scheduled the defective appeal for consideration of the application for condonation of delay and a hearing on 29.07.2024 due to the illness of the appellant's counsel.
Delay condonation
The Tribunal granted the respondent a final one-week extension to file objections to the condonation of delay application and grounds of appeal, warning that the matter will proceed ex-parte if they fail to comply.
Delay condonation
The Tribunal ruled that service of notice to the respondent was sufficient via post and email, and granted the respondent 10 days to file objections before the next hearing on 28.03.2024.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and set the matter for hearing on 21.02.2024, outlining the procedure for service of notice and filing of objections.
Delay condonation
The Tribunal granted the respondent 10 days to file objections regarding the application for condonation of delay and the grounds of appeal, scheduling the next hearing for 10.07.2023.
Tribunal Order #0901126016982023-30-01-2026
The Tribunal set aside the execution orders that had mechanically imposed a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue in a delayed project for possession or withdraw for a refund belongs solely to the allottee, not the promoter.
Tribunal Order #0901126016982023-04-08-2025
The Tribunal allowed the application for condonation of delay, excusing the 64-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal for listing on 25.08.2025.
Tribunal Order #0901126016982023-28-03-2024
The Tribunal granted the respondent a final one-week extension to file objections to the condonation of delay application and grounds of appeal, warning that the matter will proceed ex-parte if they fail to comply.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the execution orders that had mechanically imposed a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue in a delayed project for possession or withdraw for a refund belongs solely to the allottee, not the promoter. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the execution orders that had mechanically imposed a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue in a delayed project for possession or withdraw for a refund belongs solely to the allottee, not the promoter.
Ruling Awarded To
Appellant
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Abhishek Shukla
- Anuruddha Singh
- Anand Verma
Respondent Advocate(s)
- Rishindra Vikram Singh
Official RERA Tribunal Orders (3)
The Tribunal set aside the execution orders that had mechanically imposed a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue in a delayed project for possession or withdraw for a refund belongs solely to the allottee, not the promoter.
The Tribunal allowed the application for condonation of delay, excusing the 64-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal for listing on 25.08.2025.
The Tribunal granted the respondent a final one-week extension to file objections to the condonation of delay application and grounds of appeal, warning that the matter will proceed ex-parte if they fail to comply.
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