Builder: Dhanya Promoters Pvt. Ltd.
Project: Mahagun Mantra-I, Tower “Vidhi”
Represented By: Adv. Mandeep Singh, Mudra Legal
Case Background
Our client booked Apartment No. 1920 in Mahagun Mantra-I after paying ₹39,66,098 towards the total sale consideration. Under the Builder Buyer Agreement, possession was due by 31 March 2018.
However, despite a delay of nearly 45 months, the builder issued a possession offer on 20 July 2021 without obtaining the mandatory Occupancy Certificate (OC) and Completion Certificate (CC). Since the project was not legally ready for possession, the client approached Mudra Legal seeking a refund with interest.
Stage 1 – Complaint Filed Before U.P. RERA
Mudra Legal filed a complaint before U.P. RERA in August 2021, seeking refund of the deposited amount along with applicable interest due to the prolonged delay and illegal offer of possession.
RERA Order – 11 January 2022
Although the Authority acknowledged the delay, it rejected the refund claim and instead directed the builder to hand over possession by 31 March 2022, along with delay interest at MCLR + 1%.
As the client had never sought possession and had specifically prayed for a refund, Mudra Legal challenged the order before the U.P. Real Estate Appellate Tribunal.
Stage 2 – Appeal Before U.P. REAT
Mudra Legal demonstrated that:
- The builder had delayed possession by almost four years.
- The possession offer was issued without obtaining OC/CC.
- The original prayer before RERA was only for refund, not possession.
REAT Judgment – 21 October 2024
The Appellate Tribunal accepted our arguments and:
- Set aside the RERA order.
- Directed the builder to refund ₹39,66,098.
- Awarded interest at MCLR + 1% on the refundable amount.
- Directed payment within 15 days, after adjusting amounts already remitted to the bank.
Stage 3 – Execution Proceedings
Even after the appellate order, the builder failed to comply voluntarily.
Mudra Legal initiated execution proceedings before the Tribunal.
Recovery Achieved – 10 April 2026
Pursuant to recovery proceedings through the District Collector, Gautam Budh Nagar, an amount of ₹75,06,814 was recovered from the builder and remitted to the client.
Final Outcome
Execution Fully Satisfied – 11 May 2026
After the client received the decretal amount, the Tribunal recorded that the decree had been fully satisfied and disposed of the execution proceedings, bringing the litigation to a successful conclusion.
Result Achieved by Mudra Legal
- Complaint filed before U.P. RERA.
- Unfavourable RERA order successfully challenged.
- Refund order secured from the Appellate Tribunal.
- Execution proceedings initiated against the builder.
- ₹75,06,814 recovered through execution.
- Litigation concluded with 100% execution of the decree.
This case demonstrates that obtaining a favorable order is only part of the legal process. At Mudra Legal, we represent our clients from the initial complaint to the final execution, ensuring that the relief granted by the court is actually recovered and reaches the client.