Appellant / Complainant
Rajesh Kumar Mittal, 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 0901126025092023 by Rajesh Kumar Mittal, Anr. against Vihaan Developers Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's orders that had mechanically issued recovery certificates for refunds, ruling that in a 'hybrid order,' the choice to either take possession or withdraw from a delayed project rests solely with the allottee under Section 18 of the Act 2016.
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 before the regular bench on January 13, 2025.
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 addressed an Interlocutory Application (IA) filed by the respondent seeking a stay on a recovery certificate issued by the Regulatory Authority, granting the appellant seven days to file objections.
Hearing
The Tribunal granted an adjournment requested by the appellant and rescheduled the appeal for hearing on 13.10.2025.
Hearing
The Tribunal has adjourned the matter and scheduled the appeal for a future hearing on 15.09.2025.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay, condoning the 106-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
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 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, with a subsequent week allowed for a rejoinder, and scheduled the matter for hearing on March 6, 2025.
Delay condonation
The Tribunal has scheduled the appeal for hearing on 12.02.2025 to consider the application for condonation of delay, following a joint request from the counsels of both parties.
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 a certified copy of an amendment application and granted the appellant time to prepare arguments, scheduling the matter for hearing 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.
Delay condonation
The Tribunal granted a request for adjournment and rescheduled the hearing for August 14, 2024, to align with other similar appeals.
Delay condonation
The Tribunal granted the appellant one week to file a fresh affidavit in support of the application for condonation of delay and scheduled the matter for hearing on 22.07.2024.
Delay condonation
The Tribunal granted a one-week extension to the appellant's counsel to file a better affidavit and scheduled the next hearing for May 22, 2024.
Delay condonation
The Tribunal has listed the defective appeal for consideration of the application for condonation of delay and a subsequent hearing on 22.04.2024.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with the granted timeline and scheduled the matter for an ex parte hearing on the application for condonation of delay on 15.03.2024.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, and scheduled the matter for hearing on 13.02.2024.
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 a subsequent hearing scheduled for 28.09.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding the application for condonation of delay and directed the applicants to serve the notice and appeal documents via speed-post and email.
Tribunal Order #0901126025092023-30-01-2026
The Tribunal set aside the Regulatory Authority's orders that had mechanically issued recovery certificates for refunds, ruling that in a 'hybrid order,' the choice to either take possession or withdraw from a delayed project rests solely with the allottee under Section 18 of the Act 2016.
Tribunal Order #0901126025092023-04-08-2025
The Tribunal allowed the application for condonation of delay, condoning the 106-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126025092023-06-03-2025
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 #0901126025092023-13-10-2025
The Tribunal addressed an Interlocutory Application (IA) filed by the respondent seeking a stay on a recovery certificate issued by the Regulatory Authority, granting the appellant seven days to file objections.
Tribunal Order #0901126025092023-13-02-2024
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with the granted timeline and scheduled the matter for an ex parte hearing on the application for condonation of delay on 15.03.2024.
Tribunal Order #0901126025092023-05-01-2024
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, and scheduled the matter for hearing on 13.02.2024.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's orders that had mechanically issued recovery certificates for refunds, ruling that in a 'hybrid order,' the choice to either take possession or withdraw from a delayed project rests solely with the allottee under Section 18 of the Act 2016. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's orders that had mechanically issued recovery certificates for refunds, ruling that in a 'hybrid order,' the choice to either take possession or withdraw from a delayed project rests solely with the allottee under Section 18 of the Act 2016.
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)
- Alok Kumar Srivastava
- Neeraj Agarwal
- Gaurav Tyagi
Official RERA Tribunal Orders (6)
The Tribunal set aside the Regulatory Authority's orders that had mechanically issued recovery certificates for refunds, ruling that in a 'hybrid order,' the choice to either take possession or withdraw from a delayed project rests solely with the allottee under Section 18 of the Act 2016.
The Tribunal allowed the application for condonation of delay, condoning the 106-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
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 addressed an Interlocutory Application (IA) filed by the respondent seeking a stay on a recovery certificate issued by the Regulatory Authority, granting the appellant seven days to file objections.
The Tribunal closed the respondent's opportunity to file objections due to failure to comply with the granted timeline and scheduled the matter for an ex parte hearing on the application for condonation of delay on 15.03.2024.
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, and scheduled the matter for hearing on 13.02.2024.
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