The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect homebuyers and bring transparency to India’s real estate sector. It created a specialized dispute resolution system that is faster and more focused than traditional civil courts. However, not every party is satisfied with the decision of the Real Estate Regulatory Authority. In such cases, the law provides a structured appeals mechanism from the Authority to Appellate Tribunal, and further to the High Court.

Understanding this RERA appeals process, the applicable timelines, and the legal requirements is important for homebuyers, promoters, and real estate agents. This article explains the complete process in simple language, based strictly on Indian legal provisions.

Overview of the RERA Dispute Resolution Framework

RERA establishes a three-tier redressal structure:

  1. Real Estate Regulatory Authority (RERA Authority) – First forum for complaints

  2. RERA Appellate Tribunal – Hears appeals against Authority or Adjudicating Officer

  3. High Court – Hears appeals on questions of law against Tribunal orders

This structure is provided under Sections 31, 43, and 44 of the RERA Act, 2016.

The system is designed to ensure speed, expertise, and reduced burden on civil courts.

Role of the Real Estate Regulatory Authority

Who Can File a Complaint?

Under Section 31 of the RERA Act, any aggrieved person may file a complaint with the Authority. This includes:

  • Homebuyers (allottees)

  • Promoters (builders/developers)

  • Real estate agents

Complaints often relate to:

  • Delay in possession

  • False advertisements

  • Structural defects

  • Non-registration of project

  • Violation of RERA provisions

Powers of the Authority

The Authority has wide powers under Sections 35 to 38, including:

  • Calling for information

  • Conducting inquiries

  • Issuing directions

  • Imposing penalties

  • Ensuring compliance with the Act

In compensation matters, the Authority may refer the case to an Adjudicating Officer under Section 71.

Once the Authority passes an order, an aggrieved party may challenge it through the Authority to Appellate Tribunal route.

What Is the RERA Appellate Tribunal?

The RERA Appellate Tribunal is a specialized judicial body created under Section 43 of the Act. Its main function is to hear appeals against:

  • Orders of the RERA Authority

  • Orders of the Adjudicating Officer

It acts as the second level of review in the RERA appeal process.

The Tribunal usually consists of:

  • A Chairperson (often a former High Court Judge)

  • Judicial Member

  • Technical/Administrative Member

This ensures both legal and technical expertise in real estate disputes.

When Can an Appeal Be Filed?

An appeal to the Tribunal can be filed when a person is aggrieved by any direction, decision, or order of:

  • The RERA Authority, or

  • The Adjudicating Officer

This is clearly provided in Section 43(1) of the RERA Act.

Common situations include:

  • Promoter challenging penalty or direction

  • Allottee challenging dismissal of complaint

  • Dispute regarding interest, compensation, or refund

Time Limit for Filing Appeal

Time is a crucial factor in the RERA appeal process.

Under Section 43(2):

  • Appeal must be filed within 60 days from the date of the order.

The Tribunal may allow a delayed appeal if:

  • There is sufficient cause for the delay, and

  • The reasons are properly explained

However, delay is not automatically condoned. Parties should act promptly.

Pre-Deposit Requirement for Promoters

One of the most important aspects of the Authority to Appellate Tribunal procedure relates to promoters.

As per the proviso to Section 43(5):

A promoter filing an appeal must deposit:

  • At least 30% of the penalty, or

  • A higher percentage as determined by the Tribunal, or

  • The total amount payable to the allottee, including interest and compensation

This deposit is made before the appeal is entertained. The rule discourages frivolous appeals and protects homebuyers’ interests.

Step by Step RERA Appeal Process

Step 1: Obtain Certified Copy of the Order

The appellant must first obtain a copy of the order passed by:

  • The RERA Authority, or

  • The Adjudicating Officer

The limitation period of 60 days usually runs from the date of the order.

Step 2: Prepare the Appeal Memorandum

The appeal is filed in a prescribed format under state RERA rules. It typically includes:

  • Details of parties

  • Facts of the case

  • Grounds of appeal

  • Relief sought

  • Copy of the impugned order

The appeal should clearly show why the Authority’s order is incorrect in law or facts.

Step 3: Pay Prescribed Fees

Each state RERA has rules specifying:

  • Appeal fees

  • Mode of payment

Non-payment may lead to rejection of the appeal.

Step 4: Pre-Deposit (If Promoter)

If the appellant is a promoter, proof of deposit under Section 43(5) must be attached.

Step 5: Filing Before the Tribunal

The appeal is filed before the RERA Appellate Tribunal having jurisdiction over the project’s location.

The Tribunal then:

  • Registers the appeal

  • Issues notice to the opposite party

Step 6: Hearing of the Appeal

The Tribunal hears both sides. It may:

  • Call for records

  • Allow additional evidence in limited situations

  • Examine legal and factual issues

The Tribunal is guided by principles of natural justice, not strict civil procedure rules.

Step 7: Tribunal’s Order

Under Section 43(4), the Tribunal aims to dispose of appeals within 60 days. It may:

  • Confirm the Authority’s order

  • Modify the order

  • Set aside the order

The Tribunal’s decision is binding unless further challenged.

Powers of the RERA Appellate Tribunal

The Tribunal has powers similar to a civil court under Section 53, including:

  • Summoning witnesses

  • Requiring document production

  • Receiving evidence

  • Reviewing its decisions

It can also enforce its orders like a civil decree.

Appeal from Tribunal to High Court

The next level in the RERA appeal process is the High Court.

Legal Provision

Under Section 44 of the RERA Act:

  • Any person aggrieved by the Tribunal’s decision may appeal to the High Court.

Scope of Appeal

The appeal to the High Court lies only on questions of law, not pure facts.

Time Limit

The appeal must be filed within 60 days from the Tribunal’s order, subject to condonation for sufficient cause.

Bar on Civil Court Jurisdiction

Under Section 79 of RERA, civil courts cannot entertain matters that the Authority or Tribunal is empowered to decide. Therefore, the Authority to Appellate Tribunal mechanism is the primary legal route.

Practical Points to Keep in Mind

  • Always track the 60-day limitation period.

  • Keep copies of all documents filed before the Authority.

  • Grounds of appeal should focus on legal or factual errors.

  • Promoters must plan for pre deposit obligations.

  • Tribunal proceedings are formal but less technical than civil courts.

Legal References

Key provisions of the Real Estate (Regulation and Development) Act, 2016:

  • Section 31 – Filing of complaints

  • Sections 35–38 – Powers of Authority

  • Section 43 – Establishment of Appellate Tribunal and appeals

  • Section 44 – Appeal to High Court

  • Section 53 – Powers of Tribunal

  • Section 71 – Adjudicating Officer

  • Section 79 – Bar of civil court jurisdiction

FAQs on RERA Appeal Process

1. Can a homebuyer file an appeal to the Tribunal?

Yes. Any aggrieved person, including an allottee, can file an appeal under Section 43.

2. Is there a time limit for RERA appeals?

Yes. The appeal must be filed within 60 days from the order, unless delay is condoned for sufficient cause.

3. Do promoters always have to deposit money before appeal?

Yes, in most cases. Promoters must comply with the pre-deposit requirement under Section 43(5).

4. Can new evidence be filed before the Tribunal?

Generally, the Tribunal reviews the existing record. However, it may allow additional material in limited circumstances.

5. What happens if Tribunal order is not followed?

Its orders are executable like a civil court decree. Non-compliance can lead to enforcement actions and penalties.

6. Can parties go directly to High Court instead of Tribunal?

No. The High Court is approached only after the Tribunal, and mainly on questions of law.

7. Are RERA proceedings faster than civil courts?

The Act aims for speedy disposal, with 60-day timelines for appeals, though actual timelines may vary.

The Authority to Appellate Tribunal framework under RERA provides a clear, structured path for challenging regulatory decisions. Starting with the RERA Authority, moving to the Appellate Tribunal, and finally to the High Court on legal questions, the system ensures specialized and relatively faster dispute resolution in real estate matters.

By understanding the RERA appeal process, the applicable timelines, and statutory requirements such as pre-deposit, individuals can better navigate the legal framework while staying within the boundaries of Indian law.