Introduction
The Real Estate (Regulation and Development) Act, 2016—commonly known as RERA—was enacted to bring transparency, accountability, and timely dispute resolution to the real estate sector. If any party is dissatisfied with an order passed by the RERA Authority or the Adjudicating Officer, the Act provides an appellate mechanism through the Real Estate Appellate Tribunal (REAT).
At Mudra Legal, we have been actively representing clients in real estate matters since 2010. Our team is well-versed in handling RERA appeals and guiding clients through the complexities of the appellate process.
What is REAT? Understanding the Real Estate Appellate Tribunal
The Real Estate Appellate Tribunal is a statutory body established under the RERA Act to adjudicate appeals against orders passed by:
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- The RERA Authority
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- The Adjudicating Officer appointed under the Act
It serves as the first appellate forum within the RERA framework and offers both homebuyers and promoters the right to challenge decisions that they believe are unjust or incorrect.
Who Can File an Appeal?
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- Homebuyers: If the decision passed by RERA does not align with the relief sought—such as possession, refund, or compensation—the buyer has the right to appeal.
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- Promoters/Developers: If RERA has imposed a penalty or passed an order perceived to be legally flawed or excessive, the promoter may challenge the order before REAT.
Pre-Deposit Requirements for Promoters Filing Appeals
Section 43(5) of the RERA Act mandates that a promoter filing an appeal must deposit:
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- The entire amount payable to the allottee (as per the order), including interest or compensation, or
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- A prescribed percentage of any penalty imposed by RERA
In many cases, both components may be required. Non-compliance with the pre-deposit requirement can result in dismissal of the appeal at the preliminary stage.
Time Limit for Filing a RERA Appeal
An appeal must be filed within 60 days from the date on which the aggrieved party receives the RERA order. However, the Tribunal has discretion to condone the delay if it is satisfied that there was a sufficient cause preventing timely filing.
Powers of the Real Estate Appellate Tribunal
While REAT is not bound by the technical procedures of the Civil Procedure Code (CPC), it is vested with similar powers to ensure fair adjudication. These include:
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- Summoning and enforcing the attendance of witnesses
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- Examining persons under oath
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- Requiring the production of documents
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- Receiving evidence on affidavits
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- Reviewing its own decisions
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- Dismissing applications for default
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- Enforcing its orders as decrees of a civil court
The Tribunal functions on principles of natural justice, ensuring that all parties are heard and that decisions are made fairly and efficiently.
Filing Second Appeal before the High Court
If any party remains aggrieved by the decision of REAT, they may file a second appeal before the jurisdictional High Court, primarily in cases where:
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- A substantial question of law is involved
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- The decision was passed without hearing the appellant
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- The matter demands reconsideration on legal grounds
The limitation period for filing such an appeal is also 60 days from the date of the REAT’s decision. The High Court has the power to condone delays upon sufficient justification.
No appeal lies if the REAT decision was passed with the mutual consent of both parties. In exceptional cases, parties may approach the Supreme Court of India through a Special Leave Petition (SLP).
Why Choose Mudra Legal for RERA Appeals?
At Mudra Legal, we have over a decade of experience in handling builder-buyer disputes, project delays, refund claims, and promoter-side litigation. Our team of advocates provides:
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- Expert legal advice on RERA and REAT proceedings
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- Complete assistance with documentation and appeal filing
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- Representation before RERA Authorities, REAT, and High Courts
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- Efficient handling of pre-deposit and statutory compliance
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- Timely case tracking and client updates
We represent clients across Lucknow, Noida, Delhi NCR, and beyond, with a focused approach on real estate and regulatory litigation.
Consult Mudra Legal for a RERA Appeal
If you are considering filing an appeal under RERA or defending one, professional guidance can significantly improve your chances of success. Engage with a dedicated legal team that understands the technicalities of the RERA Act and appellate procedures.