Economic, Commercial and Intellectual Property Laws · Real Estate Regulation and Development Law

Real Estate Appellate Tribunal and Dispute Resolution under RERA

Updated 11 October 2026 · Fact-checked

Under RERA, you file a complaint with the Authority or adjudicating officer (section 31). Anyone aggrieved by their order can appeal to the Real Estate Appellate Tribunal within 60 days (section 44). A promoter must first deposit the amount required by section 43(5). A further appeal lies to the High Court within 60 days (section 58).

Understand Real Estate Appellate Tribunal and Dispute Resolution

RERA sets up a three-tier system for resolving disputes between promoters, allottees and real estate agents. The first tier is the Real Estate Regulatory Authority or the adjudicating officer. The second tier is the Real Estate Appellate Tribunal. The third tier is the High Court.

It starts with a complaint. Under section 31, any aggrieved person may file a complaint with the Authority or the adjudicating officer for a violation of the Act, rules or regulations. The complaint can be against a promoter, an allottee or a real estate agent. "Person" includes an association of allottees or a registered voluntary consumer association. The form, manner and fee are as prescribed.

If you are unhappy with the decision, you appeal. Under section 44, the appropriate Government, the competent authority or any aggrieved person may appeal to the Appellate Tribunal against a direction, order or decision of the Authority or adjudicating officer. The appeal must be filed within sixty days from the date the copy of the order is received. The Tribunal may entertain a late appeal if there was sufficient cause for the delay.

The Tribunal is set up by the appropriate Government under section 43. Every bench has at least one Judicial Member and one Administrative or Technical Member. Two or more States or Union territories may share one Tribunal. Until a Tribunal is established, the Government designates an existing appellate tribunal to hear RERA appeals.

The Tribunal is not bound by the Code of Civil Procedure, 1908 but is guided by natural justice (section 53). It still has civil court powers, such as summoning witnesses, receiving affidavits and reviewing its own decisions. Its orders are executable as a decree (section 57). Section 79 bars civil courts from deciding matters that the Authority, adjudicating officer or Tribunal can decide.

Key rules to remember

Complaint (section 31): Any aggrieved person → Authority or adjudicating officer, for violation of the Act, rules or regulations; Can be against a promoter, allottee or real estate agent. Includes associations of allottees and registered voluntary consumer associations.
Appeal to Appellate Tribunal (section 44): Time limit = 60 days from receipt of the copy of the order; Late appeal allowed if sufficient cause is shown. The Tribunal should try to dispose of the appeal within 60 days and must record reasons in writing if it cannot.
Promoter's pre-deposit (section 43(5) proviso): Deposit at least 30% of the penalty (or higher % set by Tribunal), or the total amount payable to the allottee with interest and compensation, or both, before the appeal is heard; Applies only where the promoter is the appellant. Without the deposit, the appeal is not entertained.
Appeal to High Court (section 58): Within 60 days from communication of the Tribunal's order, on grounds in section 100 of the CPC, 1908; High Court is the one of the State or Union territory where the project is situated. No appeal lies against an order made with the consent of the parties.
Tribunal bench (section 43(3)): Bench = at least 1 Judicial Member + 1 Administrative or Technical Member; The Government may set up more than one bench in a State or Union territory.
Bar of civil court (section 79): No civil court jurisdiction over matters the Authority, adjudicating officer or Tribunal can decide; no injunction against action under the Act; Core reason the RERA forums are exclusive.

How to solve Real Estate Appellate Tribunal and Dispute Resolution questions

Most questions give you a dispute and ask where to go, in what time, and what conditions apply. Use this order.

1Identify the stage: first complaint, first appeal, or second appeal.
2For a first complaint, apply section 31: Authority or adjudicating officer, any aggrieved person, against promoter, allottee or agent.
3For an appeal against the Authority or adjudicating officer, apply section 44: Appellate Tribunal, 60 days from receipt of the copy of the order, with condonation for sufficient cause.
4Check who the appellant is. If it is a promoter, apply the section 43(5) deposit condition.
5For a further challenge, apply section 58: High Court, 60 days from communication, on section 100 CPC grounds, and check for a consent order.
6Add supporting provisions if relevant: section 53 procedure, section 57 execution, section 79 bar of civil courts.
7Write the conclusion clearly: forum, time limit, condition, and result on the given facts.

Quickest way: Forum-Time-Condition check

When to use it: Use when a short case-based question asks whether an appeal is valid.

Write the ladder: Authority or adjudicating officer → Appellate Tribunal → High Court.
Mark the time limit at each appeal step: 60 days.
Ask: is the appellant a promoter? If yes, note the deposit.
Ask: was the order passed by consent? If yes at Tribunal level, no High Court appeal.
Ask: is a civil court being approached? If yes, cite section 79.
Conclude in one line with section numbers.

Common mistakes in Real Estate Appellate Tribunal and Dispute Resolution

Saying the first appeal from the Authority goes to the High Court.
Students assume appeals always go to a court.
Fix: Remember the first appeal goes to the Appellate Tribunal (section 44). Only the Tribunal's order can be taken to the High Court (section 58).
Applying the 30% deposit to every appellant.
The deposit rule is remembered but its condition is forgotten.
Fix: The deposit applies only when a promoter appeals. An allottee or association need not deposit.
Stating that the deposit is always exactly 30% of the penalty.
Students memorise the number alone.
Fix: Say at least 30% of the penalty (or a higher percentage fixed by the Tribunal), or the total amount payable to the allottee, or both, as the case may be.
Saying the 60 days run from the date of the order.
Students mix this with general limitation rules.
Fix: Section 44 counts from the date the copy is received. Section 58 counts from communication of the order to the appellant.
Allowing a civil suit for a matter the RERA forums can decide.
Students overlook the bar of jurisdiction.
Fix: Cite section 79: civil courts cannot entertain such suits, and no injunction may be granted for action taken under the Act.
Assuming the Tribunal must follow the Code of Civil Procedure strictly.
It has civil court powers, so students assume full CPC procedure applies.
Fix: Section 53 says it is not bound by the CPC but is guided by natural justice, and it regulates its own procedure.

Worked examples

Example 1

Skyline Developers Pvt. Ltd., a promoter in Pune, is directed by the Real Estate Regulatory Authority to pay a penalty of ₹10,00,000. It wants to appeal to the Appellate Tribunal. Advise on the forum, time limit and any condition. Assume no other amount is payable to an allottee.

Show the solution

Provision: Under section 44, any person aggrieved by an order of the Authority may appeal to the Appellate Tribunal, within sixty days of receiving the copy of the order.
The Tribunal may allow a late appeal if it is satisfied there was sufficient cause for the delay.
Condition: Skyline is a promoter, so the proviso to section 43(5) applies. The appeal will not be entertained unless the promoter first deposits at least 30% of the penalty, or a higher percentage set by the Tribunal.
Calculation: 30% of ₹10,00,000 = ₹3,00,000.
Conclusion on the facts: Skyline should deposit at least ₹3,00,000 with the Tribunal and file the appeal within 60 days of receiving the order.

Answer: Skyline can appeal to the Real Estate Appellate Tribunal within 60 days of receiving the Authority's order. It must first deposit at least ₹3,00,000 (30% of the penalty), or more if the Tribunal fixes a higher percentage.

Example 2

Meera, an allottee, is dissatisfied with an order of the Appellate Tribunal in a dispute over a project in Karnataka. Can she approach the High Court? Within what time, and which High Court? Would your answer change if the order was passed with the consent of the parties?

Show the solution

Provision: Section 58(1) allows any person aggrieved by a decision or order of the Appellate Tribunal to appeal to the High Court.
Time limit: within sixty days from the date the order is communicated to her. The High Court may allow a late appeal if she shows sufficient cause.
Grounds: the appeal may be made on one or more grounds specified in section 100 of the Code of Civil Procedure, 1908.
Which High Court: the High Court of the State or Union territory where the real estate project is situated. Here, it is the High Court of Karnataka.
Consent order: under section 58(2), no appeal lies against an order made by the Tribunal with the consent of the parties.
Conclusion: Meera can appeal to the Karnataka High Court within 60 days, unless the order was a consent order.

Answer: Yes. Meera can appeal to the Karnataka High Court within 60 days of communication of the Tribunal's order, on section 100 CPC grounds. If the order was passed with the consent of the parties, no appeal lies.

Exam tips

Write section numbers with every point: 31 for complaint, 44 for appeal, 43(5) for deposit, 58 for High Court.
In case questions, always follow the pattern: provision, facts, conclusion.
Learn the three-tier ladder and the 60-day limits cold. They are easy marks.
Do not forget the promoter-only deposit and the consent-order bar. Examiners like to test conditions.
For short notes, add section 53 (procedure and powers), section 57 (execution as decree) and section 79 (bar of civil courts).

Practice questions from Real Estate Regulation and Development Law

Real Estate Appellate Tribunal and Dispute Resolution: frequently asked questions

What is the difference between the RERA Authority and the Appellate Tribunal?

The Authority (section 20) regulates the sector and hears complaints along with the adjudicating officer. The Appellate Tribunal (section 43) hears appeals against their directions, orders or decisions. The Tribunal is the second tier, not the first.

Within what time can I appeal against a RERA Authority order?

You must appeal to the Appellate Tribunal within sixty days from the date you receive the copy of the order. The Tribunal may accept a late appeal if you show sufficient cause for the delay.

Does a promoter have to pay anything before appealing?

Yes. A promoter must first deposit at least 30% of the penalty, or a higher percentage set by the Tribunal, or the total amount payable to the allottee with interest and compensation, or both, as the case may be. Without this, the appeal is not entertained.

Can a civil court hear a dispute covered by RERA?

No. Section 79 bars civil courts from entertaining suits or proceedings on matters that the Authority, adjudicating officer or Tribunal can decide. It also bars injunctions against action taken under the Act.

Can the Appellate Tribunal's order be challenged?

Yes. Under section 58, an appeal lies to the High Court within 60 days of communication of the order, on grounds in section 100 of the CPC. No appeal lies against an order made with the consent of the parties.