An appeal before the Real Estate Appellate Tribunal (REAT) is the statutory remedy available against any order passed by the RERA Authority or Adjudicating Officer. Whether you are a homebuyer, promoter, real estate agent, or association of allottees, filing a proper REAT appeal is crucial for obtaining relief.
This guide provides a comprehensive REAT Appeal Filing Checklist to help you prepare a legally compliant and effective appeal under the Real Estate (Regulation and Development) Act, 2016 (RERA).
1. Appellant’s Details
The appeal must clearly mention:
- Full Name of the Appellant
- Father’s/Husband’s Name
- Age and Date of Birth
- Occupation
- PAN / Aadhaar Number
- Residential or Registered Office Address
- Contact Number and Email ID
- Status of Appellant:
- Allottee (Homebuyer)
- Promoter / Builder
- Real Estate Agent
- Association of Allottees
- Allottee (Homebuyer)
These details establish the appellant’s identity and legal standing.
2. Respondent’s Details
Mention complete details of the opposite party:
- Full Name / Company Name
- Nature (Individual / Builder / Buyer / Authority)
- Address
- Contact Number
- Email ID (if available)
- RERA Registration Number (if applicable)
Correct respondent details are essential for valid service of notice.
3. Details of RERA Authority’s Order (Impugned Order)
Provide full particulars of the order being challenged:
- Complaint Case Number
- Date of RERA Order
- Name of Adjudicating Officer or RERA Bench
- Whether the order is Final or Interim
- Brief summary of the order (refund, penalty, rejection, etc.)
- Whether the appellant was a party to the original complaint
- Copy of the RERA order attached
The appeal must strictly arise from this impugned order.
4. Jurisdiction
Clarify the appellate jurisdiction:
- State or Union Territory where the project is located
- Name of the Real Estate Appellate Tribunal:
- UPREAT
- MahaREAT
- Delhi REAT
- Any other State REAT
- UPREAT
Jurisdiction depends on the location of the real estate project.
5. Timeliness of Appeal (Limitation)
Limitation is critical in REAT appeals:
- Date of receipt of RERA order
- Date of filing appeal
- Whether appeal is filed within 60 days
- If delayed:
- Reasons for delay
- Application for condonation of delay
- Reasons for delay
Delay without proper explanation may lead to dismissal.
6. Grounds of Appeal
Clearly specify legal and factual grounds such as:
- Errors of law or fact in the RERA order
- Violation of principles of natural justice
- Arbitrary or excessive penalty
- Failure to consider material evidence
- Jurisdictional or procedural irregularities
- Inadequate or unjustified relief
- Any other valid legal ground
Strong grounds are the backbone of a successful appeal.
7. Reliefs Claimed in Appeal
The appellant may seek:
- Setting aside or modification of the RERA order
- Stay on operation of the impugned order
- Refund or compensation with interest
- Reliefs originally prayed before RERA but not granted
- Any other appropriate direction by the Tribunal
Reliefs must be clearly and precisely drafted.
8. Mandatory Pre-Deposit (For Promoters)
If the appellant is a promoter/builder:
- Confirmation whether 100% of the amount/penalty/compensation directed by RERA has been deposited
- Proof of deposit attached
- If not deposited:
- Explanation and request for exemption (if permissible)
- Explanation and request for exemption (if permissible)
Pre-deposit is mandatory and non-compliance may render the appeal non-maintainable.
9. Documents to Be Attached
Essential documents include:
- Copy of RERA complaint
- Copy of impugned RERA order
- Appeal memo with verification
- Affidavit in support of appeal
- Index of documents
- Promoter registration certificate (if applicable)
- Builder-buyer agreement / allotment letter
- Payment receipts or bank proof
- Additional evidence not considered by RERA
- Pre-deposit challan (if applicable)
- Application for stay/interim relief (if sought)
Incomplete documentation may weaken the appeal.
10. Additional Applications (If Required)
Depending on facts, file:
- Application for stay of RERA order
- Application for condonation of delay
- Application for taking additional documents on record
Ancillary applications strengthen procedural compliance.
Conclusion
Filing an appeal before the Real Estate Appellate Tribunal (REAT) requires strict compliance with limitation, documentation, and statutory conditions. A well-prepared appeal with proper grounds and mandatory pre-deposit significantly improves the chances of success.This checklist ensures that your REAT appeal is complete, legally sound, and tribunal-ready.