How do I appeal a RERA order before the Real Estate Appellate Tribunal under Section 43?

Question

The RERA Authority passed an order against me and I want to appeal. What is the process and timeline under Section 43? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How do I appeal a RERA order before the Real Estate Appellate Tribunal under Section 43? is governed in India primarily by RERA Act 2016, Section 43, RERA Act 2016, Section 44 and RERA Act 2016, Section 58. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 43 requires every state to establish a Real Estate Appellate Tribunal to hear appeals against orders of the Authority or the Adjudicating Officer.

Section 44 provides that any person aggrieved by such an order may appeal to the Appellate Tribunal within 60 days from the date of the order, though delay can be condoned for sufficient cause.

Where the appeal is filed by a promoter against an order requiring payment, the promoter must deposit at least 30 percent of the penalty, interest and compensation amount, or such higher percentage the Tribunal directs, as a pre-condition for the appeal to be entertained.

The Tribunal follows principles of natural justice but is not bound by the strict procedure of the Code of Civil Procedure, allowing for relatively faster disposal than civil courts.

A further appeal from the Appellate Tribunal's order lies to the High Court under Section 58 within 60 days on questions of law.

What to do next: 1) Obtain a certified copy of the RERA Authority's order to compute the limitation period; 2) Prepare the appeal memorandum along with grounds and the required pre-deposit if you are the promoter; 3) File the appeal before the Appellate Tribunal within 60 days of the order; 4) Consider a further appeal to the High Court under Section 58 if legal questions remain unresolved.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under RERA Act 2016, Section 43 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.