Appellant / Complainant
Biswa Bhushan Behera, 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 0901126045552023 by Biswa Bhushan Behera, 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 hearing to 27.11.2025 before an appropriate bench.
Hearing
The Tribunal granted the appellant seven days to file objections to an IA for stay of a recovery certificate and scheduled the next hearing 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 scheduled the appeal for a future hearing on 15.09.2025, noting that similar matters are listed for that date.
for delivery of Judgment/Order
The Tribunal allowed the application for condonation of delay, condoning a 227-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 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 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 allowed a subsequent week for a rejoinder, scheduling the next hearing for March 6, 2025.
Delay condonation
The Tribunal scheduled the appeal for hearing on 12.02.2025 and directed the appellant to file a better affidavit in support of their delay condonation application.
Delay condonation
Upon the joint request of both parties, the Tribunal has adjourned the appeal and scheduled it for hearing on 17.01.2025.
Hearing
The Tribunal noted the filing of an amendment application and granted the appellant time to prepare arguments, scheduling the next hearing for October 28, 2024.
Hearing
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, scheduling the next hearing for 20.09.2024.
Hearing
The Tribunal noted that the appeal is proceeding ex parte against the respondent and scheduled the matter for orders on 14.08.2024.
Hearing
The Tribunal granted a request from the appellant's counsel to adjourn the proceedings and rescheduled the hearing for May 17, 2024.
Delay condonation
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections, and scheduled the matter for April 18, 2024, to consider the application for condonation of delay.
Delay condonation
The Tribunal closed the respondent's opportunity to file objections due to their failure to file a vakalatnama or response despite previous appearances, while allowing them to make submissions based on existing documents.
Delay condonation
The Tribunal granted the respondent 10 days to file objections to the application for condonation of delay and the grounds of appeal, scheduling the matter for hearing on 07.11.2023.
Tribunal Order #0901126045552023-30-01-2026
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 #0901126045552023-04-08-2025
The Tribunal allowed the application for condonation of delay, condoning a 227-day delay in filing the appeal, and directed the Registry to convert the defective appeal into a regular appeal.
Tribunal Order #0901126045552023-06-03-2025
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 #0901126045552023-13-03-2024
The Tribunal decided to proceed ex parte against the respondent due to their failure to file objections, and scheduled the matter for April 18, 2024, to consider the application for condonation of delay.
Tribunal Order #0901126045552023-06-02-2024
The Tribunal closed the respondent's opportunity to file objections due to their failure to file a vakalatnama or response despite previous appearances, while allowing them to make submissions based on existing documents.
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 227-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 decided to proceed ex parte against the respondent due to their failure to file objections, and scheduled the matter for April 18, 2024, to consider the application for condonation of delay.
The Tribunal closed the respondent's opportunity to file objections due to their failure to file a vakalatnama or response despite previous appearances, while allowing them to make submissions based on existing documents.
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