How To File An Appeal Against UP RERA Order?

Published on 19 Jan 2020 by Shivi

The Real Estate Appellate Tribunal or REAT has been set up under the RERA Act, 2016 to hear appeals against orders passed by the Real Estate Regulatory Authority. The REAT can examine the legality of orders passed by the RERA and decide whether to uphold or overturn them. In this blog, we’ll discuss the process of how to file an appeal against UP RERA Order with the UP Real Estate Appellate Tribunal.

UP RERA Appellate Tribunal

Every appeal against the order of the UP RERA Authority or Adjudicating officer in a complaint against builder must be filed within 60 days from the date on which a copy of order or decision made is received by the parties. Under Section 43 of the RERA Act, 2016 any person aggrieved by an order passed by the UP RERA Regulatory Authority (RERA) can file an appeal with the UP RERA Appellate Tribunal. The appeal against UP RERA order must be carefully drafted with the help of a good RERA lawyer in India and must contain the following details:

  1. Details of the UP RERA Order.

  2. Arguments why the RERA order is wrong and must be changed.

  3. Effects of the UP RERA Order on the appellant.

  4. Reliefs sought from the Appellate Tribunal.

The appeal must be filed along with the copy of the UP RERA order and other supporting documents relating to the dispute. Once the appeal is received by the UP RERA appellate tribunal, it evaluates whether a valid case is there or not. 

ALSO READ: UP RERA Order Execution Process When Builder Is Not Following Order

Process Of UP RERA Appeal

An appeal with the UP RERA AT can be filed as per Rule 25 of the UP RERA Rules. Rule 25 states that: 

  1. Every appeal filed under subsection (1) of section 44 shall be accompanied by a fee of rupees one thousand in favour of the Appellate Tribunal.

  2. Every appeal shall be filed as per Form ‘L’ along with the following documents:

    1. An attested true copy of the order against which the appeal is filed.

    2. Copies of the documents relied upon by the appellant and referred to in the appeal.

    3. An index of the documents. 

  3. Procedure for filing the appeal shall be as decided by the Appellate Tribunal.

The Appellate Tribunal gives an opportunity to all the parties involved, a chance to present their side and pass suitable order, including any interim relief, if necessary. The RERA Appellate Tribunal has to ensure speedy disposal of the appeal received by it and endeavour to dispose it of within 60 days of receiving it. It is important to represent the appeal with the help of an experienced RERA advocate in India in order to argue why the appeal must be reversed. 

The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit.

If any of the parties is not satisfied with the order of the UP RERA appellate tribunal, a further appeal may be filed with the state High Court.

Appeal From UP RERA Appellate Tribunal To High Court

Any person aggrieved by the decision or order of the UP RERA Appellate Tribunal may file an appeal to the UP High Court within 60 days from the date of receiving the appeal order. However, an appeal cannot be filed against any decision of the UP RERA Appellate Tribunal to which the parties to before the tribunal.

Connecting with the best RERA lawyers in India to handle RERA matters is important as an experienced can provide you with the complete legal assistance in filing an appeal against the order. 

You can call us at 846-883-3013 or send us an email at [email protected] to file an appeal under RERA.

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