A RERA order is not the last word. Within sixty days it can be carried to the Real Estate Appellate Tribunal — but a promoter cannot appeal a payment order without first depositing at least thirty per cent, and often the whole allottee amount. AMLEGALS prosecutes and defends these appeals, up to the High Court.
The RERA appellate architecture was deliberately built to resist the classic promoter tactic of appealing to buy time. Two features do the work. First, the proviso to Section 43(5) requires a promoter who appeals a payment order to pre-deposit at least thirty per cent of the penalty, or the entire amount owed to the allottee including interest and compensation, whichever is higher — so the appeal has a real price. Second, Section 44(5) sets a sixty-day target for disposal, keeping the forum fast.
For an allottee, the strategy is to lock in the pre-deposit condition and resist any stay, so that even a pending appeal does not freeze recovery. For a promoter, the strategy is to assess the appeal honestly against the pre-deposit cost, frame genuine grounds, and where a substantial question of law exists, preserve it for the High Court under Section 58. The quality of the grounds, not the fact of appeal, decides the outcome.
Preparation of the Section 43(5) appeal within sixty days, grounds of appeal, and delay condonation applications with demonstrated cause where needed.
For promoters, structuring and advising on the mandatory pre-deposit under the proviso to Section 43(5) — thirty per cent of penalty or the full allottee amount, whichever is higher.
For allottees, resisting the appeal, opposing stay, and ensuring the pre-deposit condition is enforced before the appeal is entertained.
Written briefs, compilation of authorities, and oral advocacy before the Tribunal within the expedited sixty-day framework.
Framing substantial questions of law, filing within sixty days, and representation on admission and final hearing before the High Court.
Execution of Tribunal orders as civil decrees under Section 57 and penalty proceedings under Section 64 for non-compliance.
Under Section 43(5) of the Real Estate (Regulation and Development) Act 2016, any person aggrieved by a direction, decision or order of the Authority or the adjudicating officer may file an appeal to the Real Estate Appellate Tribunal within sixty days from the date of receipt of a copy of the order. The Tribunal may entertain an appeal after sixty days if it is satisfied that there was sufficient cause for the delay.
Yes. The proviso to Section 43(5) provides that where a promoter appeals against an order of the Authority or adjudicating officer involving an amount payable to an allottee, the Tribunal shall not entertain the appeal without the promoter first depositing at least thirty per cent of the penalty, or such higher percentage as may be determined, or the total amount to be paid to the allottee including interest and compensation, whichever is higher. The requirement protects allottees from appeals filed merely to delay recovery.
Section 44(5) provides that the Appellate Tribunal shall endeavour to dispose of the appeal as expeditiously as possible, and in any case within sixty days from the date of receipt of the appeal. Where an appeal is not disposed of within that period, the Tribunal must record its reasons in writing for not doing so. This statutory expectation of speed distinguishes RERA appeals from ordinary civil appeals.
Yes. Section 58 provides that any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the order, on one or more of the grounds specified in Section 100 of the Code of Civil Procedure (that is, a substantial question of law). The High Court may extend the period if satisfied that there was sufficient cause for delay.
Under Section 57, every order made by the Appellate Tribunal is executable as a decree of a civil court, and for this purpose the Tribunal has all the powers of a civil court. Separately, non-compliance with a Tribunal order attracts penalty under Section 64 — which may extend up to five per cent of the estimated cost of the real estate project, with imprisonment for a term up to three years for continued default.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.
Share the order under challenge, the amount involved and the date of receipt for a confidential preliminary assessment.