A party unhappy with an order of the state RERA Authority or an Adjudicating Officer can appeal to the Real Estate Appellate Tribunal, established under Section 43, within 60 days of receiving the order under Section 44 -- extendable if the Tribunal is satisfied there was sufficient cause for the delay -- and a further appeal from the Tribunal's decision generally lies to the jurisdictional High Court.
The Appellate Tribunal's role and composition
Section 43 required every state to establish a Real Estate Appellate Tribunal to hear appeals from orders
of the state RERA Authority and from Adjudicating Officers. Each bench is required to include at least one
Judicial Member and one Administrative or Technical Member, reflecting the mix of legal and technical/
regulatory expertise the appeals often require. Some smaller states and union territories share a common
Appellate Tribunal rather than each maintaining a separate one.
The 60-day appeal window under Section 44
An appeal must generally be filed within 60 days of the party receiving the Authority's or Adjudicating
Officer's order, though the Tribunal can condone a delay beyond that window if satisfied there was sufficient
cause. A promoter appealing an order to pay money to a buyer may, under many states' rules, be required to
deposit a specified percentage of that amount with the Appellate Tribunal as a precondition to the appeal
being heard -- a safeguard against appeals being used mainly to delay payment to buyers.
Beyond the Tribunal -- appeal to the High Court
A party still aggrieved after the Appellate Tribunal's decision can generally file a further appeal to the
jurisdictional High Court, though only on a substantial question of law rather than a fresh re-hearing of the
facts -- consistent with how appellate courts typically review specialized tribunal decisions. Given the
narrower legal-question standard and the added time and cost, most buyers and builders treat the Appellate
Tribunal's decision as effectively final in practice unless a genuinely significant legal issue is at
stake.
Common mistakes parties make at the appeal stage:
- Missing the 60-day window and then discovering the delay is not easily condoned.
- A promoter appealing without arranging the pre-deposit some states require, causing the appeal to
stall procedurally.
- Treating a High Court appeal as a chance to re-argue the facts, when the standard is generally limited
to substantial questions of law.
How long do I have to appeal a RERA Authority order?
Generally 60 days from receiving the order, under Section 44 -- the Appellate Tribunal can condone a
delay beyond that if there was sufficient cause, but do not rely on that discretion; file within the
window wherever possible.
Does a builder have to pay money to appeal an order requiring a refund?
In many states, yes -- rules commonly require a promoter to deposit a specified percentage of the amount
ordered as a precondition to the appeal being entertained, intended to discourage appeals filed mainly to
delay payment.
Can I appeal a RERA Appellate Tribunal decision further?
Generally yes, to the jurisdictional High Court, but typically only on a substantial question of law
rather than a full re-hearing of the facts -- confirm the specific appeal standard and procedure with a local
advocate before pursuing this route.
