Role of Real Estate Appellate Tribunal under RERA (Real Estate Regulation and Development Act, 2016)
Introduction: This article discusses in details the role, establishment & powers of Real Estate Appellate Tribunal under RERA (Real Estate Regulation and Development Act, 2016).
Establishment of Real Estate Appellate Tribunal
Every State Govt. shall, within a period of 1 year from the date of coming in force of this Act, establish an Appellate Tribunal to be known as the ( Name of State / UT) -Real Estate Appellate Tribunal to exercise the powers conferred & perform the function assign to it by this Act.
The State Govt. may also establish one or more benches of Real Estate Appellate Tribunal for various jurisdictions in the State or UT.
Every bench of Real Estate Appellate Tribunal shall consist of at least one Judicial Member and one Administrative or Technical Member.
The Govt. or the competent authority or any person aggrieved by any decision or direction or order made by the Authority or Adjudicating officer may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter.
The word “Person” as above shall include the association of allottees or any other voluntary consumer association registered under any law.
Where a promoter files an appeal with Appellate Tribunal, it shall not be entertained without the promoter first having deposited with the Appellate Tribunal:
a) at least 30% of penalty imposed or such higher % as may be determined by the Appellate Tribunal or
b) The total amount to be paid to the allottee including interest and compensation imposed on him if any, or
c) With both,
before the said appeal is heard.
Every appeal shall be preferred within 60 days from the date on which a copy of direction or order or decision made by the Authority or Adjudicating officer is received by the Govt. or the competent authority or the aggrieved person.
Every appeal shall be filed in triplicate in form ‘L’ along with fees of Rs. 5,000/- through DD and true copy of the order against which appeal is filed.
The Appellate Tribunal shall endeavour to dispose of the appeal within 60 days from the date of receipt of appeal.
Revision of orders of RERA / Adjudicating Officer
The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision or direction of the Authority or the Adjudicating officer, on its own motion or otherwise, call for the records relevant to disposing such appeal and make such orders as it thinks fit.
Powers of Appellate Tribunal
The Appellate Tribunal shall have all the powers of Civil Court under CPC, 1908 in respect of following matters:
a) Summoning and enforcing the attendance of any person and examining him on oath;
b) Requiring the discovery and production of documents;
c) Receiving evidence on affidavits;
d) Issuing commissions for examination of witnesses or documents;
e) Reviewing its decisions;
f) Dismissing an application for default or directing it ex-parte;
g) Any other matter which may prescribed;
All proceedings before the Appellate Tribunal to be judicial proceedings under Indian Penal Code and shall be deemed to be civil court for the purposes of section 195 of Cr. PC, 1973
The Appellate Tribunal shall not be bound by the technicalities of the Code of Civil Procedure, 1908 and the Evidence Act.
The Appellate Tribunal shall be bound by the principles of natural justice.
Additional Powers of Appellate Tribunal
The Appellate Tribunal shall exercise the following additional powers:
a) Require the promoter or allottee or real estate agent to furnish in writing such information or explanation or produce such documents reasonable time, as it may deem necessary;
b) Requisitioning any public record or document or copy of such record or document from any office.
The Appellate Tribunal may call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture, law or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any enquiry or proceedings before it.
Every order of the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of the Civil Court.
The Appellate Tribunal may send any of its order to a Civil Court having local jurisdiction and such Civil Court shall execute the order as if it were a decree made by the court.
Appeal to High Court
Any person aggrieved by any decision or order of the Appellate Tribunal, may file an appeal to the High Court within 60 days from the date of receipt of decision or order of the Appellate Tribunal.
No appeal shall be made against any decision or order made by the Appellate Tribunal with the consent of the parties.
The expression “High Court” means the High Court of a State or UT where the real estate project is situated.
Main Points for consideration
1. The applicant or appellant may either appear in person or authorise one or more practising CAs, CSs, CMAs or Advocates or any of its officers to present his case before the Adjudicating Officer.
2. No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter over which the Adjudicating officer, RERA Authority or RERA Appellate tribunal is empowered by or under this Act to decide the matter.
3. No injunction or stay shall be granted by any court or any other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
The author is a practising CA and is registered Insolvency Professional. He can be reached at firstname.lastname@example.org, Mob. +91 9953587496.