Every State Government shall, within one year from the date of coming in force of this Act, establish an Appellate Tribunal to be known as the (Name of State and UTs)- Real Estate Appellate Tribunal to exercise the powers conferred & perform the function assign to it by this Act. The State Government may also establish one or more benches of Real Estate Appellate Tribunal for various jurisdictions in the State or UT.
Many states have established regulatory authority under the RERA wherein the mechanism for speedy dispute redressal has been established. Appellate Authority has also been notified wherein the Appellate Tribunal has been established to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected in addition to that or incidental to it.
Establishment of Real Estate Appellate Tribunal
Every bench of Real Estate Appellate Tribunal must consist of at least one Judicial Member and one Administrative or Technical Member. The Government or the competent authority or any person aggrieved by any decision or direction or order made by the Authority or Adjudicating officer can prefer an appeal before the Appellate Tribunal having jurisdiction over the matter. The word “Person” as above must include an association of allottees or any other voluntary consumer association registered under any law.
A promoter files an appeal with an Appellate Tribunal. It must not be entertained without the promoter first deposited with the Appellate Tribunal:-
- At least 30% of the penalty imposed or such higher percentage may be determined by an Appellate Tribunal or
- The total amount to be paid to an allottee including interest and compensation imposed on him, or
- With both, before the said appeal is heard.
Every appeal must be preferred within 60 days from the date the Govt receives a copy of direction or order or decision made by the Authority or Adjudicating officer or the competent authority or the aggrieved person.
Every appeal must be filed in triplicate in form ‘L’ along with fees of Rs. 5,000 through DD and true copy of the order against which appeal is filed. The Appellate Tribunal shall endeavor to dispose of the appeal within 60 days from the date of receipt of an appeal.
Revision of orders of RERA / Adjudicating Officer
The Appellate Tribunal may examine the legality or propriety or correctness of any order or decision or direction of the authority or the Adjudicating officer, on its motion or otherwise, call for the records relevant to disposing of such appeal and make such orders as it thinks fit.
Read our article:Guide on Permissible expenses can be charged to RERA Account
Powers of Appellate Tribunal
All proceedings before the Appellate Tribunal are judicial proceedings under the Indian Penal Code and shall be deemed civil court for section 195 of Cr. PC, 1973. The Appellate Tribunal must not be bound by the technicalities of the Code of Civil Procedure, 1908[1], and the Evidence Act. The principles of natural justice must bound the Appellate Tribunal.
The Appellate Tribunal must have all the powers of the Civil Court under CPC, 1908 in respect of following matters:-
Additional Powers of the Appellate Tribunal
The Appellate Tribunal must exercise the following additional powers:
- Require a promoter or allottee or real estate agent to furnish in writing such information or explanation or produce such documents reasonable time, as it may deem necessary
- It was requisitioning any public record or document or copy of such record or document from any office.
- The Appellate Tribunal can call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture, law or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or proceedings before it.
- Every order of an Appellate Tribunal under this Act must be executable by the Appellate Tribunal as a decree of the Civil Court.
- The Appellate Tribunal can send any of its orders to a Civil Court having local jurisdiction, and such Civil Court must execute the order as if it were a decree made by the court.
Appeal to High Court
- Any person aggrieved by any decision or order of an Appellate Tribunal can file an appeal to the High Court within 60 days from the date of receipt of the Appellate Tribunal’s decision or order.
- No appeal must be made against any decision or order made by the Appellate Tribunal with the party’s consent.
- The expression “High Court” means the High Court of a State or UT where the real estate project is situated.
Main Points for consideration
- No civil court must have jurisdiction to entertain any suit or proceedings in respect of any matter over which the Adjudicating officer, RERA Authority, or RERA Appellate Tribunal is empowered by or under this Act to decide the matter.
- No injunction or stay must be granted by any court or any other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Conclusion
The Real Estate Appellate Tribunal (REAT) has been set up to hear appeals against orders passed by the Real Estate Regulatory Authority. It was established under Section 43 of the Real Estate Regulation Act, 2016, that the REAT can examine the legality of orders passed by the RERA and decide whether to uphold or overturn them. Orders passed by REAT can further be appealed by filing an appeal in the High Court. Our Corpbiz team has elaborate knowledge about the RERA registration and helps the consumer to file the RERA complaint. We shall be happy to serve you.
Read our article:Everything You Need to Know Regarding the RERA
