Appellant / Complainant
Divya Purohit, 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 0901126027442023 by Divya Purohit, Anr. against Vihaan Developers Pvt. Ltd before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's orders that mechanically issued recovery certificates for refunds, ruling that in hybrid orders, 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 a 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 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 subsequent timelines set for replies and the next hearing scheduled for 10.11.2025.
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 directed that the appeal be listed on 15.09.2025.
for delivery of Judgment/Order
The Tribunal condoned the 130-day delay in filing the appeal, finding the reasons provided to be bona fide, 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 provision for a rejoinder within one week thereafter, and scheduled the next hearing for March 6, 2025.
Delay condonation
The Tribunal granted the appellant one week to file a better affidavit for condonation of delay and scheduled the matter for hearing on 12.02.2025.
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, subsequently listing 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 noted that the matter is proceeding ex parte against the respondent and granted the appellant's request to list the appeal on 14.08.2024.
Delay condonation
The proceedings were adjourned at the request of the appellant's counsel, with the defective appeal scheduled for orders or hearing on 25.07.2024.
Delay condonation
The Tribunal noted that pleadings have been exchanged and scheduled the defective appeal for orders or hearing on 24.05.2024.
Delay condonation
The Tribunal granted the appellant one week to file an amendment application regarding the grounds of appeal and scheduled the matter for orders on 25.04.2024.
Delay condonation
The Tribunal adjourned the proceedings to allow the appellant's counsel time for research and to prepare arguments regarding the application for condonation of delay, noting the matter will proceed ex-parte against the respondent.
Delay condonation
The Tribunal decided to proceed against the respondent ex parte on the next date of listing due to their failure to file objections or a vakalatnama despite being granted prior time. The matter is listed for 16.02.2024 to consider the application for condonation of delay and the grounds of appeal.
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 03.10.2023.
Delay condonation
The Tribunal issued notice to the respondent regarding the applicant's application for condonation of delay and scheduled the matter for hearing on 21.08.2023.
Tribunal Order #0901126027442023-30-01-2026
The Tribunal set aside the Regulatory Authority's orders that mechanically issued recovery certificates for refunds, ruling that in hybrid orders, 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 #0901126027442023-04-08-2025
The Tribunal condoned the 130-day delay in filing the appeal, finding the reasons provided to be bona fide, and directed the registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126027442023-09-01-2024
The Tribunal decided to proceed against the respondent ex parte on the next date of listing due to their failure to file objections or a vakalatnama despite being granted prior time. The matter is listed for 16.02.2024 to consider the application for condonation of delay and the grounds of appeal.
Tribunal Order #0901126027442023-06-03-2025
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 Disposal & Final Award Ruling
The Tribunal set aside the Regulatory Authority's orders that mechanically issued recovery certificates for refunds, ruling that in hybrid orders, 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 mechanically issued recovery certificates for refunds, ruling that in hybrid orders, 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)
- Rishindra Vikram Singh
Official RERA Tribunal Orders (4)
The Tribunal set aside the Regulatory Authority's orders that mechanically issued recovery certificates for refunds, ruling that in hybrid orders, 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 condoned the 130-day delay in filing the appeal, finding the reasons provided to be bona fide, and directed the registry to convert the defective appeal into a regular appeal.
The Tribunal decided to proceed against the respondent ex parte on the next date of listing due to their failure to file objections or a vakalatnama despite being granted prior time. The matter is listed for 16.02.2024 to consider the application for condonation of delay and the grounds of 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.
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