What if I am not satisfied with the RERA decision?
Joginder Singh Rohilla
Advocate at High Court of Madhya Pradesh, Indore | Civil & Criminal Lawyer In Indore
If you are not satisfied with the decision of the Real Estate Regulatory Authority (RERA), you have the right to appeal against the decision before the Real Estate Appellate Tribunal (REAT) as per Section 44 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act). If you are still dissatisfied with the tribunal's decision, you can further approach the High Court and Supreme Court.
1. Appeal Process If You Are Not Satisfied with RERA's Decision
Step 1: Appeal Before the Real Estate Appellate Tribunal (REAT)
- As per Section 44 of RERA, if you are not satisfied with RERA’s decision, you can file an appeal with the Real Estate Appellate Tribunal (REAT) within 60 days from the date of the RERA order.
- The appeal must be in the prescribed format and include:
- A copy of the original complaint
- RERA’s decision/order
- Grounds for appeal
- Supporting documents
Important:
- The tribunal may accept an appeal after 60 days if there is a valid reason for the delay.
- The tribunal reviews the case afresh and may uphold, modify, or overturn RERA's decision.
Step 2: Appeal Before the High Court
- If you are dissatisfied with the REAT decision, you can approach the High Court within 60 days under Section 58 of RERA.
- The appeal can be filed only on a question of law, meaning that you must prove that there was a legal error in the decision.
Example:
- If RERA or REAT misinterpreted a provision of law or did not consider key legal points, the High Court can be approached.
- If you are merely unhappy with the compensation amount or the tribunal’s decision, the High Court may not entertain the case unless there is a legal issue.
Step 3: Appeal Before the Supreme Court
- If the High Court’s decision is still unsatisfactory, a further appeal can be made to the Supreme Court of India under Article 136 of the Constitution by filing a Special Leave Petition (SLP).
- The Supreme Court only takes cases that involve substantial legal issues or those affecting public interest.
- The appeal process at the Supreme Court is complex and time-consuming, so it should be pursued only in critical cases.
2. Documents Required for Filing an Appeal
To file an appeal before the Real Estate Appellate Tribunal (REAT), High Court, or Supreme Court, you need:
1. Copy of the original complaint filed before RERA
2. Copy of the RERA order
3. Grounds of appeal (reasons why you are challenging the RERA order)
4. Relevant documents, agreements, or proof of violation by the builder
5. Payment receipts and financial records
6. Court fee or demand draft for the appeal
3. Can the Builder Also Appeal Against the RERA Decision?
Yes, the builder/promoter can also file an appeal if they are dissatisfied with the RERA decision. However, before doing so, the builder is required to deposit at least 30% of the penalty amount or the total amount directed by RERA. This ensures that builders do not misuse the appeal process to delay justice.
4. What Happens If the Builder Does Not Comply with RERA’s Decision?
- If the builder fails to comply with RERA’s order, the homebuyer can file an execution petition before RERA to enforce the decision.
- RERA has the power to impose penalties, freeze bank accounts, and even initiate recovery proceedings as arrears of land revenue.
- A non-complying builder may also face imprisonment of up to three years under Section 64 of RERA.
5. FAQs on Challenging RERA’s Decision
Q1. How much time do I have to appeal against RERA’s decision?
You must file an appeal before REAT within 60 days of the RERA decision.
Q2. Can I directly approach the High Court instead of REAT?
No, you must first approach REAT before going to the High Court. The High Court only hears appeals on questions of law.
Q3. How long does REAT take to decide the appeal?
REAT aims to resolve appeals within 60 days, but it may take longer in complex cases.
Q4. Can I file a fresh case in consumer court after an unfavorable RERA decision?
No, once a case has been decided under RERA, you cannot file the same complaint in consumer court. However, if your complaint involves deficiency in service, you may file a separate consumer complaint.
6. Conclusion
If you are not satisfied with RERA’s decision, you have the right to appeal before the Real Estate Appellate Tribunal (REAT), and further, to the High Court and Supreme Court if necessary. The appeal process ensures that buyers receive justice if they believe that RERA has wrongly decided their case. However, it is crucial to follow the legal timelines and seek expert legal advice to increase the chances of a successful appeal.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304