BACK TO RERA Act 2016
RERA Act 2016
Section 47
Appeal to Appellate Tribunal
THE STATUTE
Original Text
Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal to the Appellate Tribunal within a period of sixty days from the date on which a copy of the direction or decision or order, made by the Authority or by the adjudicating officer, is received by him, in such form and manner and on payment of such fee as may be specified by the regulations:
Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filing it within that period.
(2) On receipt of appeal, the Appellate Tribunal, after giving the parties to the appeal, an opportunity of being heard, pass such orders, including interim orders, as it thinks fit.
(3) The Appellate Tribunal shall deal with the appeal as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal:
Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not doing so.
(4) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to disposing of such appeal and make such orders as it thinks fit.
Legal Commentary
Section 47 provides the detailed procedural framework for appeals from RERA Authority orders — the 60-day limitation, the condone-delay provision, the expeditious disposal target, and the Tribunal's wide powers on appeal.
**60-day limitation period:** Appeals must be filed within 60 days of receiving the RERA Authority order. Day count starts from receipt of a copy of the order — not the date of the order. This distinction matters — some state RERA portals serve orders electronically, and the receipt date is the date of download or notification.
**Condonation of delay:** The Tribunal can condone delay if there is 'sufficient cause' — similar to CPC's Order 22, courts interpret this liberally. Medical emergency, legal advice delay, and courier/portal issues have been accepted as sufficient cause by some Tribunals.
**Pre-deposit requirement for builders:** While not explicit in Section 47 itself, most states' RERA Appellate Tribunals require promoters to pre-deposit a percentage of the penalty before the appeal is admitted — preventing promoters from filing appeals purely to delay payment. MahaRERA's Appellate Tribunal typically requires 30% pre-deposit for penalty appeals.
**60-day disposal target:** The Tribunal should dispose of appeals within 60 days — aspirational but important. In practice, complex cases take longer; the Tribunal records reasons for delay.
**Wide appellate powers (Section 47(4)):** The Tribunal can call for records of its own motion — it is not limited to what the parties place on record. It can examine the correctness, legality, and propriety of the RERA Authority order — a full merits review, not limited to questions of law.
Questions & Answers
60 days from the date you receive a copy of the RERA Authority or Adjudicating Officer order (Section 47). The Appellate Tribunal can condone delay beyond 60 days if you have sufficient cause. Filing even one day late (without condone delay application) can result in the appeal being rejected.
Most state RERA Appellate Tribunals require builders to pre-deposit a percentage of the penalty (typically 30%) before the appeal is admitted. This prevents builders from filing appeals purely to delay payment of compensation. Check your state's RERA Appellate Tribunal regulations for the specific pre-deposit requirement.