Appellant / Complainant
Manju Sharma, Anr.
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 0901126017172023 by Manju Sharma, Anr. 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 a final opportunity to the appellant's counsel to argue the appeal and adjourned the matter to 30.01.2026.
Hearing
The Tribunal has scheduled the appeal for a hearing on January 13, 2025, before a regular bench.
Hearing
The Tribunal noted that the matter is part-heard by another bench and adjourned the appeal for hearing on 27.11.2025 before an 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 and scheduled the next hearing for November 10, 2025.
Hearing
The court granted an adjournment requested by the appellant's counsel and rescheduled the appeal for orders/hearing on 13.10.2025.
Hearing
The Tribunal granted a request for adjournment and rescheduled the case for orders/hearing on 15.09.2025.
Hearing
The Tribunal granted an adjournment requested by the appellant's counsel and scheduled the case for orders on 21.08.2025.
Delay condonation
The Tribunal allowed the application for condonation of delay, condoning a 54-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
Delay condonation
The Tribunal granted the respondent time to prepare their brief and scheduled the appeal for a final hearing on July 3, 2025.
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 liberty to file objections after recalling the ex-parte order, subject to a cost of Rs. 1000/- payable to the appellant.
Delay condonation
The Tribunal granted the respondent 10 days to file objections and directed that a rejoinder be filed within one week thereafter, scheduling the next hearing for March 6, 2025.
Delay condonation
The Tribunal adjourned the appeal to 12.02.2025 and directed the appellant to file a better affidavit in support of their delay condonation application.
Delay condonation
The Tribunal has adjourned the appeal to 17.01.2025 following a joint request from both the appellant and the respondent.
Delay condonation
The Tribunal noted the filing of an amendment application and granted the appellant time to prepare arguments, scheduling the hearing for the application for condonation of delay on 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 one week thereafter, with the matter listed for hearing on 20.09.2024.
Delay condonation
The Tribunal granted an adjournment requested by the appellant's counsel due to their unavailability and rescheduled the hearing for 14.08.2024.
Delay condonation
The Tribunal has listed the defective appeal for consideration of the application for condonation of delay and a subsequent hearing on 16.05.2024.
Delay condonation
The Tribunal granted a request for more time to prepare briefs and rescheduled the hearing for the application for condonation of delay to 16.04.2024.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to file a vakalatnama or objections, and ordered the matter to proceed for an ex-parte hearing based on the available record.
Delay condonation
The Tribunal granted the respondent a final 10-day extension to file objections and Vakalatnama, subject to a cost of Rs. 10,000/- to be used for purchasing legal books.
Delay condonation
The Tribunal granted the respondent 10 days to file objections and scheduled the appeal for consideration of the condonation of delay application on 25.09.2023.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, with the matter scheduled for hearing on 09.08.2023.
Delay condonation
The Tribunal noted a delay in the filing of the appeal and issued directions for serving notice to the respondent and filing an affidavit of service before the next hearing on 29.05.2023.
Tribunal Order #0901126017172023-30-01-2026
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 #0901126017172023-03-07-2025
The Tribunal allowed the application for condonation of delay, condoning a 54-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126017172023-25-09-2023
The Tribunal granted the respondent a final 10-day extension to file objections and Vakalatnama, subject to a cost of Rs. 10,000/- to be used for purchasing legal books.
Tribunal Order #0901126017172023-06-03-2025
The Tribunal granted the respondent liberty to file objections after recalling the ex-parte order, subject to a cost of Rs. 1000/- payable to the appellant.
Tribunal Order #0901126017172023-08-02-2024
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to file a vakalatnama or objections, and ordered the matter to proceed for an ex-parte hearing based on the available record.
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 (5)
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, condoning a 54-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal granted the respondent a final 10-day extension to file objections and Vakalatnama, subject to a cost of Rs. 10,000/- to be used for purchasing legal books.
The Tribunal granted the respondent liberty to file objections after recalling the ex-parte order, subject to a cost of Rs. 1000/- payable to the appellant.
The Tribunal closed the respondent's opportunity to file objections due to repeated failure to file a vakalatnama or objections, and ordered the matter to proceed for an ex-parte hearing based on the available record.
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