Compliance of Pre-Deposit Under Section 43(5) of RERA Act is Mandatory

Air Force Naval Housing Board Air Force Station Vs U.P. Real Estate Regulatory Authority And Another (Allahabad High Court) The word ‘promoter’ has been deliberately used by the legislature in the proviso to sub-section (5) of Section 43, as sub­section (5) provides a remedy of statutory appeal to any person aggrieved by the direction or decision of an authority to file appeal before the Tribunal, but in case of a ‘promoter’ the mandatory deposit has to be made prior to the entertainment of the appeal by the Tribunal. The purpose of insertion of such provision is to safeguard the inno...