How to file an appeal with RERA Appellate Tribunal

how-to-file-an-apeal-with-rera-appellate-tribunal

Recently, we have received lot of queries regarding the matter that order passed by State RERA Authority is not in favour of the party.

In this article I’ll be trying to address some of such grievances and try to educate about the above mentioned issues.

As we all are aware that Real Estate (Regulation and Development) Act, 2016 (hereinafter referred as Act) came into force form 01/05/2017, for amongst other, addressing the grievances of the aggrieved home buyer, and it is working effectively in almost every State and the authorities have passed number of orders, however the party against whom the order was passed they are still in dilemma where to appeal against the same. Although the MAHARERA Appellate Tribunal is working and till date have passed approximately 30 orders but the situation is little different in other states. So now let us analyse it on a legal ground so that it may be easy for you.

Chapter VII of the Act deal with the Real Estate Appellate Tribunal and Section 44 of the Act deal with the ‘Application for settlement of disputes and appeals to Appellate Tribunal’

  1. (1) The appropriate Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal.

(2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the adjudicating officer is received by the appropriate Government or the competent authority or the aggrieved person and it shall be in such form and accompanied by such fee, as may be prescribed: Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filling it within that period.

(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit.

(4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the Authority or the adjudicating officer, as the case may be.

(5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal: Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.

(6) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit.   

Further every State RERA Appellate Tribunal has a right to decide the procedure for filing an appeal under Rule 25 of the UPRERA Rules let me quote the verbatim of the same.

Form for filing Appeal and the fees payable-

25-(1) Every appeal filed under subsection (1) of section 44 shall be accompanied by a fee of rupees one thousand in favour of the Appellate Tribunal.

(2) Every appeal shall be filed as per Form ‘L’ along with the following documents: (a) An attested true copy of the order against which the appeal is filed; (b)   Copies of the documents relied upon by the appellant and referred to in the appeal; (c) An index of the documents. 

(3) Procedure for filing the appeal shall be as decided by the Appellate Tribunal.

Here we can easily figure out that the as the sub rule 3 of rule 25, the Appellate Tribunal can make its own procedure for filing an appeal. And under Sub Rule 2 of Rule 25 the appeal should filed as per Form L which is very much available on the UPRERA Website along with the fees of rupees one thousand in favour of the Appellate Tribunal.

There are few points which one should remember while filing an appeal with the appellate tribunal.

  • Legal analysis of facts and the remedy sought.
  • Supporting documents including order copy and grievances
  • A proper format to be followed while filing an application as every Appellate Tribunal is having its own procedure for filing an appeal.
  • A fees of rupees one thousand in favour of the Appellate Tribunal.

 

Conclusion – For filing an appeal against the RERA order, you have to approach to Appellate Tribunal. You are advised to make complete fact and legal analysis. For any clarification, please read to author at rera@centrik.in

 

Disclaimer – the above summary is based on the personal interpretation of the revised regulations, which may differ person to person. Hence, the readers are expected to take expert opinion before placing reliance on this article.

Comment

  1. UP RERA has disclosed off my complaint and upload on site today. I carefully read the order sheet. I presume it us compromise as not judgement. RERA Bench 1 did not asked responded to give me copy of reply on my complaint to counter me. RERA has not given me opportunity to file county reply and being rely on the respondent reply , pass impugned order. I wish to go for Appeal in Tribunal.

  2. Hello
    I filed complaint against builder in Guj Rera before some months I am extremely thanks to Rera for Giving judgement in my favour I just want to confirm what if Builder has filed Civil Suit in same matter after I filed complaint in rera now should I have to Go through civil jurisdiction process also ????

  3. Dear Sir,

    I received an order from UP RERA court, in which total amount paid by me to the builder is wrongly mentioned, also the court have only awarded the interest on the delay caused and not given compensation, kindly give me way to file an appeal regarding the same.

    1. You can file a rectification U/s 39 in the same court, by simply writing the error on a plain paper and attaching the order copy. For compensation you need to file a seperate complaint on the portal under Complaint section ” Complaint for Compensation.

  4. I filed a complain in RERA Raj.Recieved an oder of full refund with interest and compensation.The order passed by the RERA is merelyon paper and awaiting execution.Execution appeal filed but RERA Raj is not taking any action.Can i appeal directly to RERA tribunal.

  5. In my case the order was given in November 2018 stating that builder should either pay the delay penalty and give the possesion by March 2019 or the buyer can apply for the refund.

    I gave an application on 2nd April about the order execution and the notice was issued on on 13th of April to the builder giving him time till 1st of May to provide the proof of order abidance.

    However the builder appealed to tribunal on 2nd May-2019. I have received a notification from tribunal regarding this stating the hearing date 19 SEP 19.

    My queries are

    1. Can tribunal take the case after 6 months of the order?

    2. While I can see in your article that tribunal must resolve it within 2 months, they have given time of more than four and half months.

    3. What should be my next step?

    1. As per RERA Laws, the delay in filing the case can be condoned, however, you have to argue to the discussion of the case due to delay in filing. Tribunal may take more than 2 months but you have to take it up legally. Next step is reply to the tribunal

  6. Rera state uttrakhand given order for hand over maintenance faculty to a particular rwa but there are at least 5 different society .How the order could be challenged

  7. If a person complained against builder in rera. When reply submitted by builder in rera he should give copy to complainent

  8. UP RERA has passed order to refund the amount along with interest after deduction of 10% as per BBA ( builder buyer agreement). I wish to appeal that there should not be any deduction as per BBA as builder has delayed the project by 3 years and still not completed. I m cancelling as project was not moving so why i should bear 10% deduction.
    What are the steps.

  9. Execution order has been done by up Rera and it says among transferred to allotte and then on same date rectification u/s 39 has been filed by builder . with no disposals and no amount of refund received till date. No RC is ordered even

  10. My complaints has been returned after 1 year 7 months while there is a model time period of 60 days to give verdicts. Can I make a review petion/ appeal before same rera bench ?

      1. Dear Sir, Please tell me under which section of the RERA act ,Review petition should be accepted & reviewed for final order. I know RERA can correct his order u/s 39 within two year,if any errors finds in RERA ORDER.
        Please educate me regarding review petition of RERA order.
        Regards,

  11. Dear sir RERA has passed the order in Ist November 2018 to refund the intire principle amount alongwith interest @15% compounded quartely but after 60 days builder has appeal the order but he has not deposited 30% amount of panelty nor builder has deposited fee of rs5000/-through draft.Builder has deposited the fee through stamp.
    still Bihar RERA appaliate tribunal is not situated till date in this condition what can i do for execution of RERA order.

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