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Housing Schemes

RERA Appellate Tribunal: When and How to Appeal an Order

Appeal a RERA order to your state's Appellate Tribunal within 60 days; a builder must first deposit the amount awarded to the buyer.

AI

Written by Ananya Iyer

Published 1 November 2026·6 min read

On this page9 sections
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You can appeal an order of your state RERA authority or its adjudicating officer to the state’s Real Estate Appellate Tribunal. File within 60 days of receiving the order, under Section 44 of the RERA Act, 2016. A builder who appeals must first deposit money with the tribunal, including the full refund, interest or compensation awarded to the buyer.

Key facts

Item Rule under the RERA Act, 2016
Who can appeal Any person aggrieved, including an allottees’ association or a registered consumer association; also the government or competent authority
Against what Any direction, decision or order of the RERA authority or the adjudicating officer (Sections 43(5), 44(1))
Time limit 60 days from receiving a copy of the order; delay can be excused for sufficient cause (Section 44(2))
Promoter’s pre-deposit At least 30% of any penalty (or more if the tribunal decides), and/or the full amount payable to the allottee with interest and compensation (Section 43(5))
Target for decision Within 60 days of receiving the appeal, or reasons recorded (Section 44(5))
Fee Set by state rules, e.g. ₹5,000 in Maharashtra and ₹1,000 in Uttar Pradesh
Next appeal High Court, within 60 days, on a substantial question of law (Section 58)

Which orders can be appealed

Section 43(5) lets any person aggrieved by a direction, decision or order of the authority or an adjudicating officer appeal to the tribunal that has jurisdiction. In practice, appeals cover:

  • Orders on complaints filed with the RERA authority, such as a direction to hand over possession or fix defects.
  • Adjudicating officer orders on refund, interest and compensation, which fall under Sections 12, 14, 18 and 19.
  • Penalties imposed on a promoter, allottee or real estate agent.
  • Orders that dismiss your complaint, or grant less than you asked for.

An appeal is a challenge to an order already passed. If you have not yet complained, start with our guide on how to file a RERA complaint. Civil courts cannot hear matters that RERA bodies are empowered to decide (Section 79), so the tribunal is the normal next step.

Each state or union territory sets up its own tribunal, such as the Maharashtra Real Estate Appellate Tribunal (MahaREAT). A tribunal has a Chairperson, who is or was a High Court judge, and at least two whole-time members, one judicial and one technical or administrative. Find your state’s RERA body on our RERA authority by state page.

Time limit and condonation

The 60 days run from the date you receive a copy of the order, not from the hearing date. Note the date you got the certified or uploaded copy and keep proof of it.

If you miss the deadline, the tribunal may still accept the appeal if it is satisfied there was sufficient cause for the delay. File an application for condonation of delay with the appeal. Explain the reasons for the delay and attach proof, such as medical records or the date the order was actually uploaded.

Filing steps and fees

  1. Get a copy of the order and note the date you received it.
  2. Check your state’s RERA rules for the appeal form and fee.
  3. Draft the memorandum of appeal: parties, the order challenged, facts, grounds and the relief you want.
  4. Attach an attested true copy of the order, the documents you rely on and an index.
  5. Add an application for interim relief if you need, for example, a stay on the order.
  6. Pay the fee in the mode your state allows and file online where e-filing exists.
  7. Serve a copy on the other side if the tribunal’s procedure requires it, and note the hearing date.
State Fee Form Filing
Maharashtra ₹5,000 by NEFT, RTGS or other digital mode Form C, with attested order copy, relied-on documents and index MahaREAT online portal (mahareat.maharashtra.gov.in)
Uttar Pradesh ₹1,000 in favour of the Appellate Tribunal Form L, with attested order copy, relied-on documents and index UP REAT e-filing portal (efilingreat.up.gov.in)

Other states set their own fees and forms, so check your state rules. You can appear in person, or authorise a lawyer, chartered accountant, company secretary or cost accountant to argue for you (Section 56).

Pre-deposit rule for promoters

A promoter’s appeal “shall not be entertained” unless the promoter first deposits with the tribunal, before the appeal is heard:

  • at least 30% of any penalty, or a higher share if the tribunal fixes one; or
  • the total amount payable to the allottee, including interest and compensation; or
  • both, where both apply.

The rule applies only to promoters, not to homebuyers who appeal. In Newtech Promoters and Developers v. State of UP (November 2021), the Supreme Court upheld the pre-deposit condition as valid, as LiveLaw reported. Haryana’s appellate tribunal has since held that the Act allows no waiver of it.

For a buyer, this means that if the builder appeals a refund order, the money awarded to you should already be with the tribunal. Ask whether the deposit has been made before the hearing goes ahead.

Hearing and disposal

After hearing both sides, the tribunal can pass any order it thinks fit, including interim orders (Section 44(3)). It can also call for the authority’s records to test whether the order was legal and correct (Section 44(6)).

The tribunal follows natural justice rather than the full Code of Civil Procedure, but has civil court powers to summon people, call for documents, take evidence on affidavit and review its decisions (Section 53). It should try to decide within 60 days, and must record reasons if it cannot. Its orders can be executed like a civil court decree (Section 57).

Where the dispute is about a late flat, our page on remedies for possession delay sets out what you can claim.

Further appeal to the High Court

Under Section 58, you can appeal a tribunal order to the High Court of the state where the project is located. File within 60 days from the date the order is communicated to you. The High Court can allow a later appeal if sufficient cause kept you from filing in time.

The appeal lies only on the grounds in Section 100 of the Code of Civil Procedure, which in practice means a substantial question of law, not a fresh look at the facts. No appeal lies against an order passed with the consent of the parties.

Appeals turn on drafting and deadlines, so if the amount at stake is large, consider having a lawyer handle the appeal.

Frequently asked questions

What is the time limit to appeal a RERA order?

60 days from the date you receive a copy of the order. The tribunal can accept a late appeal if you show sufficient cause.

Can a homebuyer appeal to the RERA Appellate Tribunal?

Yes. Any person aggrieved by an order of the authority or adjudicating officer can appeal, including an allottees’ association.

How much must a builder deposit to appeal a RERA order?

At least 30% of any penalty, and/or the full amount payable to the allottee with interest and compensation, before the appeal is heard.

What is the fee for a RERA appeal in Maharashtra?

₹5,000, paid digitally, with the appeal in Form C under the Maharashtra RERA rules.

How long does the tribunal take to decide?

The Act asks it to try to decide within 60 days of receiving the appeal. If it cannot, it must record its reasons.

Can I appeal a tribunal order?

Yes, to the High Court within 60 days under Section 58, but only on a substantial question of law.

Can I go to a civil court instead?

No. Section 79 bars civil courts from matters that the RERA authority, adjudicating officer or tribunal can decide.

Sources

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