Real Estate Appellate Tribunal
βοΈ Real Estate Appellate Tribunal (REAT)
π What is the Real Estate Appellate Tribunal?
The Real Estate Appellate Tribunal is a special judicial body established under the Real Estate (Regulation and Development) Act, 2016 (RERA). Its primary function is to hear appeals against the decisions or orders passed by the Real Estate Regulatory Authority (RERA) or the Adjudicating Officer related to real estate projects.
ποΈ Purpose:
To provide a forum for speedy and effective resolution of disputes arising out of RERA regulations.
To ensure justice is served fairly and efficiently in matters relating to real estate.
To act as an appellate body, helping parties challenge and review decisions they believe are incorrect or unfair.
βοΈ Jurisdiction and Powers:
Appellate Jurisdiction: The Tribunal hears appeals filed by:
Buyers or allottees
Real estate developers or builders
Real estate agents
Against orders of:
The Real Estate Regulatory Authority
The Adjudicating Officer
Power to Confirm, Modify, or Set Aside Orders: The Tribunal can uphold, change, or annul the decisions of the Authority or Adjudicating Officer.
Finality: The decisions of the Tribunal are generally final but can be challenged further in the High Court on limited grounds such as jurisdictional errors or questions of law.
π Composition:
Typically comprises a Chairperson and two other members.
Members are appointed by the state government or Union Territory administration.
Members are usually persons of judicial or administrative experience with knowledge of real estate laws and disputes.
β³ Time Frame:
The Tribunal is mandated to dispose of appeals within 60 days from the date of filing.
This ensures timely resolution of real estate disputes.
π‘ How to File an Appeal with the Real Estate Appellate Tribunal:
Who Can File? Any aggrieved party including buyers, developers, or agents.
Where to File? Appeal is filed at the Real Estate Appellate Tribunal of the respective state or Union Territory.
Time Limit: Appeal must be filed within 60 days from the date of the order of RERA or Adjudicating Officer.
Documents Required: Copy of the order appealed against, grounds of appeal, and any supporting evidence.
βοΈ Importance of the Tribunal:
Provides an effective grievance redressal mechanism beyond RERA.
Enhances accountability and transparency in the real estate sector.
Helps in protecting consumer rights by giving buyers and developers a platform to resolve disputes without lengthy litigation.
π Summary Table: Real Estate Appellate Tribunal
| Feature | Details |
|---|---|
| Established Under | Real Estate (Regulation and Development) Act, 2016 |
| Purpose | Hear appeals against RERA and Adjudicating Officer orders |
| Who Can Appeal? | Buyers, developers, real estate agents |
| Composition | Chairperson + two members with judicial/admin experience |
| Time Limit for Disposal | 60 days |
| Jurisdiction | Across respective state/UT for RERA-related disputes |
| Appeal Period | 60 days from the date of order |
| Further Appeal | High Court on limited grounds |
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