Things To Know About The Real Estate Appellate Tribunal

RERA (Real Estate Regulatory Authority) was passed by the Indian government in the year 2016. The Act was brought into action to focus on concerns of the home buyers, builder, brokers and various other stakeholders of the real estate industry. The Act focuses on the transparency in the real estate industry. Chapter VII of the RERA Act, 2016 deals with the constitution of Real Estate Appellate Tribunal along with the functions and powers of the Tribunal. Section 43 to 58 of the Act deals with the matters relating to the Real Estate Appellate Tribunal (REAT) to adjudicate any dispute and to hear and dispose of any appeal against any direction or order of the Real Estate Regulatory Authority.

Establishment Of Real Estate Appellate Tribunal

 Section 43 of the RERA Act, 2016 states, “ The appropriate government shall within a period of one year from the date of coming into force of this Act, by notification establish an Appellate Tribunal to be known as the (name of the State/ Union Territory) Real Estate Appellate Tribunal.” The act also states that if the appropriate government deems necessary then can establish one or more benches of such Appellate Tribunals for various other jurisdictions. The said government of the two or more States/ Union Territories, may if it seems fit, establish one single Real Estate Appellate Tribunal. Any person or any aggrieved competent authority can appeal before the Real Estate Appellate Tribunal having jurisdiction over the said matter.

Explanation Of Section 43

As per Section 43(5) of the RERA Act, 2016 it discusses about “ person” which includes the association of allottees or any other voluntary consumer association registered under any law. In case a promoter files an appeal with Real Estate Appellate Tribunal ,it shall not be entertained unless the promoter first deposited with the Appellate Tribunal :

• At least 30% of the penalty imposed or such higher as may be determined by the Appellate Tribunal,
• The Total amount must be paid to the allottee along with the interest or the compensation imposed on him if any,
• Or with both.

Every appeal shall be heard within a period of 60 days from the date on which the copy of direction or order is made and is received by the aggrieved person along with the accompanying fees.

Revision Of Orders Of RERA

The Real Estate Appellate Tribunal may examine the legality or any such decision made by any competent authority or any adjudicating officer if it deems fit to do so, on its own, call for records relevant to disposing of such appeal and make such orders as it thinks fit.

Powers Of Appellate Tribunal

As per section 53 (1) of the RERA Act, 2016, “The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908^[1] but shall be guided by the principles of natural justice”. The Real Estate Appellate Tribunal shall have all the powers related to the following matters:

• Summoning and enforcing the attendance of any person and examining him on oath,
• Requiring the discovery and production of documents,
• Receiving evidence on affidavits,
• Issuing commissions for the examination of witnesses or documents,
• Reviewing its decisions,
• Dismissing an application for default or directing it ex-parte, and any other matter which may be advised.

Additional Powers Of Real Estate Appellate Tribunal

The appellate tribunal may exercise the following additional powers:

• The Tribunal may require a promoter or allottee to furnish in writing any such information or produce such documents as it may deem necessary.
• The Tribunal may transfer order to a civil court having local jurisdiction and such court shall execute such orders as if it were a decree made by the court.

Appeal To High Court

Any appellant aggrieved by the decision or orders of the Real Estate Appellate Tribunal may file an appeal in High Court within 60 days from the date of receipt of the decision or order of the Appellate Tribunal. Further, the High Court may consider the appeal after 60 days if it is of the opinion that the aggrieved party or the appellant was prevented from filing the appeal on time prescribed.

No appeal shall lie against any decision or order of the Tribunal with the consent of the parties.

Conclusion

Section 43 deals with the matters relating to the Real Estate Appellate Tribunal under the Real Estate Regulatory Authority Act, 2016. This Real Estate Appellate Tribunal was set up to examine the legality of any such decisions made either by the competent authority or by the adjudicating officer. Thus, it is upon the discretion of the High Court to hear any appeal made by the appellant and pass orders further. Please get in touch with our expert support team Swarit Advisors, for more information about Real Estate Appellate Tribunal and RERA registration.

Also, Read: Importance of RERA Registration in Real Estate