Section 43: Establishment of Real Estate Appellate Tribunal
Section 43 of the Real Estate (Regulation and Development) Act, 2016 provides for the establishment of the Real Estate Appellate Tribunal, its benches and jurisdiction, and the right to appeal against orders of the Regulatory Authority or adjudicating officer. It also prescribes a mandatory pre-deposit condition for appeals by promoters.
Meaning and scope of Section 43
A Real Estate Appellate Tribunal is the statutory appellate forum for a person aggrieved by a direction, decision or order of a Real Estate Regulatory Authority (RERA) or an adjudicating officer under the Act. It is distinct from the original Regulatory Authority that hears regulatory complaints.
Section 43(1): Establishment by notification
The appropriate Government must, within one year from the date of commencement of the Act, establish by notification an Appellate Tribunal named for the relevant State or Union territory, such as the [State/Union territory] Real Estate Appellate Tribunal. The relevant government notification determines the tribunal actually established and its territorial jurisdiction.
Section 43(2): Multiple benches
Where necessary, the appropriate Government may establish one or more benches of the Appellate Tribunal for different jurisdictions within a State or Union territory. Parties should check the applicable notification and tribunal rules before filing.
Section 43(3): Composition of benches
Every bench of the Appellate Tribunal must consist of at least one Judicial Member and one Administrative or Technical Member. The Act separately regulates the composition, qualifications and appointment of members in Sections 45 and 46.
Section 43(4): Common tribunal and transitional arrangements
The appropriate Governments of two or more States or Union territories may establish a single common Appellate Tribunal. Until a tribunal under Section 43 is established, the appropriate Government must designate by order an appellate tribunal functioning under another law to hear RERA appeals. Once the new tribunal is established, pending appeals before the designated tribunal stand transferred and continue from the stage at which they were transferred.
Section 43(5): Who may appeal?
Any person aggrieved by a direction, decision or order made under RERA by the Authority or an adjudicating officer may appeal to the Appellate Tribunal having jurisdiction. The Explanation expressly includes an association of allottees and any voluntary consumer association registered under a law in force within the expression "person".
Mandatory pre-deposit when a promoter appeals
The proviso to Section 43(5) restricts entertainment of a promoter's appeal unless the promoter first deposits with the Appellate Tribunal:
- At least 30% of the penalty imposed, or a higher percentage determined by the Appellate Tribunal; or
- The total amount payable to the allottee, including interest and compensation imposed on the promoter, if any; or
- Both amounts, as applicable to the nature of the order under appeal.
The statutory condition applies before the promoter's appeal is heard. The appropriate category and computation depend on the operative directions in the impugned order. The provision does not prescribe the same promoter-specific pre-deposit for an allottee merely because the allottee appeals.
How an appeal is generally pursued
- Identify the appealable order: obtain the signed order, communication date and supporting record of proceedings before the RERA Authority or adjudicating officer.
- Check jurisdiction: identify the State or Union territory Appellate Tribunal and the applicable notified bench, rules, forms, fees and electronic filing arrangements.
- Observe the limitation period: Section 44 generally provides 60 days from receipt of a copy of the order or direction, with power to entertain a delayed appeal on sufficient cause.
- Address pre-deposit: where the appellant is a promoter, calculate and comply with the condition under the proviso to Section 43(5).
- Seek interim relief if required: filing an appeal should not be assumed, by itself, to stay enforcement of the order.
These are general procedural considerations. State or Union territory rules and applicable judicial decisions may govern the precise filing procedure and relief.