Builder: Parth Infrabuild Private Limited
Project: Adyant Phase-1, Lucknow
Represented By: Adv. Mandeep Singh, Mudra Legal
Case Background
Our clients, Mr. Alok Gupta and Mrs. Jyotsna Gupta, booked a 3BHK apartment (Unit No. 1803, Ashlesha-A) in the Adyant Phase-1 project in Lucknow. The booking was made in April 2013, and an interim Buyer-Seller Agreement was executed on 25 June 2013. By January 2018, the homebuyers had paid ₹64,86,275 towards the apartment.
Although possession was expected by 2016, the builder failed to hand over the apartment within a reasonable time. After years of delay, the builder issued an Offer of Possession on 15 July 2020 and simultaneously demanded an additional ₹5,60,568, despite the project lacking essential facilities. Aggrieved by the delay, the homebuyers approached Mudra Legal for justice.
Stage 1 – Complaint Filed Before U.P. RERA
Mudra Legal filed a complaint before U.P. RERA, seeking compensation for the inordinate delay in handing over possession and appropriate relief under the RERA Act.
RERA Order – 13 April 2022
After examining the record and relying upon Supreme Court precedents, the Authority held that:
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- Since the agreement did not specify a possession date, three years was a reasonable period for completion.
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- The deemed possession date was fixed as 24 June 2016.
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- The builder was directed to pay delay interest at SBI MCLR + 1% from 24 June 2016 to 15 July 2020, excluding the COVID-19 force majeure period.
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- The builder was also directed to complete the registry and hand over possession within 45 days after receiving legal dues and stamp duty.
Stage 2 – Non-Compliance by the Builder
Despite the clear directions of U.P. RERA, the developer failed to comply with the order.
Mudra Legal continued to pursue the matter on behalf of the homebuyers to ensure that the RERA order was not merely passed but actually enforced.
Stage 3 – Recovery Certificate Issued
Due to the builder’s continued non-compliance, U.P. RERA initiated recovery proceedings.
Recovery Certificate – 23 December 2025
The Authority issued a Recovery Certificate (RC) directing the District Magistrate to recover ₹1,05,769.61 from the developer towards the amount payable under the RERA order.
Result Achieved by Mudra Legal
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- Successfully represented the homebuyers before U.P. RERA.
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- Established that possession ought to have been delivered by 24 June 2016.
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- Secured delay interest at SBI MCLR + 1% for nearly four years.
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- Obtained directions for registry and possession within 45 days.
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- Ensured issuance of a Recovery Certificate after the builder failed to comply.
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- Continued legal enforcement to protect the clients’ rights under the RERA Act.
At Mudra Legal, We Don’t Stop at the Order
Obtaining a favorable RERA order is only the beginning. Our team remains committed until the relief is effectively enforced, ensuring that builders are held accountable and homebuyers receive the justice they deserve.