Answer By law4u team
Definition: The Real Estate (Regulation and Development) Act, 2016 (RERA) provides a legal framework to regulate real estate transactions. If you are dissatisfied with a decision made by the RERA authority, you have the right to file an appeal.
Steps to Appeal RERA Decisions:
1. Eligibility to Appeal:
Who Can Appeal: Any aggrieved party, such as a homebuyer, builder, or developer, who is not satisfied with the RERA decision, can appeal.
Time Limit: The appeal must be filed within 60 days of the RERA decision.
2. File Appeal with the Appellate Tribunal:
Appellate Tribunal: Appeals must be filed with the Real Estate Appellate Tribunal (REAT). The application should state why you believe the RERA decision is incorrect or unfair.
Required Documents: Submit the original RERA order, detailed grounds for appeal, and any evidence supporting your case.
3. Pay the Prescribed Fees:
Fee Payment: Pay the necessary fees for filing the appeal as per the tribunal’s rules. This may vary depending on the nature of the case.
4. Attend Tribunal Hearings:
Court Hearings: Attend the scheduled hearings where both parties will present their arguments. You may choose to hire a lawyer for representation.
5. Tribunal Decision:
Appellate Tribunal Order: The tribunal will review the evidence and arguments before passing a judgment. The decision can either uphold, modify, or overturn the RERA authority’s original decision.
6. Further Appeal:
High Court Appeal: If dissatisfied with the tribunal's decision, you may file a further appeal with the High Court within 60 days.
Summary: To appeal a RERA decision, ensure eligibility, file an appeal within 60 days with the Real Estate Appellate Tribunal, pay the prescribed fees, attend hearings, and await the tribunal’s judgment. A further appeal can be made to the High Court if necessary.
