Appellant / Complainant
Anil Kohli, 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 0901126025262023 by Anil Kohli, Anr. against Vihaan Developers Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the Regulatory Authority's 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 rests solely with 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.
Hearing
The Respondent has filed an Interlocutory Application (IA) seeking a stay on the recovery certificate issued by the Regulatory Authority, and the Appellant has been granted time to file objections and a subsequent 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 119-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 that the matter 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'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 and directed that any rejoinder be filed within one week thereafter, scheduling the next hearing for March 6, 2025.
Delay condonation
The Tribunal has rescheduled the hearing for the application for condonation of delay and the main appeal to 12.02.2025, following a joint request from the counsels for both parties.
Delay condonation
Upon the joint request of both parties, the Tribunal has adjourned the appeal and scheduled the hearing for January 17, 2025.
Delay condonation
The Tribunal noted the filing of a certified copy of an amendment application and granted the appellant time to prepare arguments, adjourning the matter to 28.10.2024 for consideration of the condonation of delay application.
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 a week thereafter, scheduling the next hearing for 20.09.2024.
Delay condonation
The Tribunal granted a request for adjournment due to the appellant's counsel being unavailable and rescheduled the hearing to 14.08.2024 to align with similar cases.
Delay condonation
The Tribunal granted the appellant one week to file a fresh affidavit in support of their 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 meet the deadline 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 a final 10-day extension to file objections to the application for condonation of delay and 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, scheduling the matter for consideration 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 via speed-post and email, scheduling the matter for hearing on 17.08.2023.
Tribunal Order #0901126025262023-30-01-2026
The Tribunal set aside the Regulatory Authority's 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 rests solely with the allottee, not the promoter.
Tribunal Order #0901126025262023-13-10-2025
The Respondent has filed an Interlocutory Application (IA) seeking a stay on the recovery certificate issued by the Regulatory Authority, and the Appellant has been granted time to file objections and a subsequent reply.
Tribunal Order #0901126025262023-06-03-2025
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 #0901126025262023-13-02-2024
The Tribunal closed the respondent's opportunity to file objections due to failure to meet the deadline and scheduled the matter for an ex parte hearing on the application for condonation of delay on 15.03.2024.
Tribunal Order #0901126025262023-05-01-2024
The Tribunal granted the respondent a final 10-day extension to file objections to the application for condonation of delay and 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 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 rests solely with the allottee, not the promoter. Awarded in favor of Appellant.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Regulatory Authority's 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 rests solely with 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 Regulatory Authority's 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 rests solely with the allottee, not the promoter.
The Respondent has filed an Interlocutory Application (IA) seeking a stay on the recovery certificate issued by the Regulatory Authority, and the Appellant has been granted time to file objections and a subsequent reply.
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 failure to meet the deadline 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 a final 10-day extension to file objections to the application for condonation of delay and grounds of appeal, and scheduled the matter for hearing on 13.02.2024.
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