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 would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How do I appeal a RERA order before the Real Estate Appellate Tribunal under Section 43?" turns on RERA Act 2016, Section 43, RERA Act 2016, Section 44 and RERA Act 2016, Section 58. The points below set out the position and then what to do about it, in the order it should be done.

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 this means for you: 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.

Where the facts are disputed, what usually decides a rera appellate tribunal matter is the paper trail — dated complaints, acknowledgments and written replies under RERA Act 2016, Section 43. 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 property law.