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

The Flat Owners Welfare Association of a Hyderabad housing project, registered under a state law, is dissatisfied with an order of an adjudicating officer under the RERA Act. Can the association appeal to the Appellate Tribunal?

Yes. Any person aggrieved by an order of the Authority or adjudicating officer may appeal, and the Explanation states that 'person' includes an association of allottees or a voluntary consumer association registered under any law. The association therefore qualifies without needing the promoter's consent.

  1. ANo, only individual allottees who personally purchased apartments may appeal
  2. BYes, because 'person' for the purpose of the appeal provision includes an association of allottees or a registered voluntary consumer associationCorrect
  3. CNo, associations may approach only the civil court
  4. DYes, but only if the promoter has consented to the appeal

Explanation

Section 43(5) lets any person aggrieved by a direction, decision or order of the Authority or adjudicating officer appeal. Its Explanation says 'person' includes an association of allottees or a registered voluntary consumer association. So the association can appeal; promoter consent is not required.

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