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 0901126025102023 by Rajesh Kumar Mittal, Anr. against Vihaan Developers Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the execution orders that forced a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue with the 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 ordered the appeal to be listed for hearing on 13.01.2025 before a regular bench.
Hearing
The Tribunal noted that the matter was previously 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, with a subsequent week allowed for filing a reply.
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 counsel 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 the previously fixed date of 20.05.2025.
Delay condonation
The Tribunal granted an adjournment requested by the respondent's counsel and allowed the appellant's counsel 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 next hearing for March 6, 2025.
Delay condonation
The Tribunal has scheduled the appeal for hearing on February 12, 2025, regarding the application for condonation of delay, following a joint request by the counsels for 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 14.08.2024, noting that similar appeals are listed for that date.
Delay condonation
The Tribunal granted the appellant one week's time 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 to the application for condonation of delay and grounds of appeal due to non-compliance with the granted timeline. The matter is scheduled for an ex parte hearing 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 directed respondent's counsel to register their names on the Tribunal's portal.
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 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 #0901126025102023-30-01-2026
The Tribunal set aside the execution orders that forced a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue with the project for possession or withdraw for a refund belongs solely to the allottee, not the promoter.
Tribunal Order #0901126025102023-04-08-2025
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 #0901126025102023-13-02-2024
The Tribunal closed the respondent's opportunity to file objections to the application for condonation of delay and grounds of appeal due to non-compliance with the granted timeline. The matter is scheduled for an ex parte hearing on 15.03.2024.
Tribunal Order #0901126025102023-06-03-2025
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 #0901126025102023-05-01-2024
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, and directed respondent's counsel to register their names on the Tribunal's portal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the execution orders that forced a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue with the 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 forced a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue with the 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)
- Alok Kumar Srivastava
- Neeraj Agarwal
- Gaurav Tyagi
Official RERA Tribunal Orders (5)
The Tribunal set aside the execution orders that forced a refund on allottees, ruling that under Section 18 of the Act, the choice to either continue with the 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 the 106-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
The Tribunal closed the respondent's opportunity to file objections to the application for condonation of delay and grounds of appeal due to non-compliance with the granted timeline. The matter is scheduled for an ex parte hearing on 15.03.2024.
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 granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, and directed respondent's counsel to register their names on the Tribunal's portal.
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