Lost a homebuyer case before your State RERA, or hit with a penalty as a builder? You have exactly 60 days to appeal to the Real Estate Appellate Tribunal under RERA, and a promoter cannot even be heard without first depositing the money owed.
Quick answer: Any person aggrieved by an order of the State RERA Authority or its adjudicating officer can appeal to the Real Estate Appellate Tribunal under Section 43(5) of RERA, 2016. The appeal must be filed within 60 days under Section 44(2). If a promoter appeals, the Tribunal will not hear the case unless the promoter first deposits at least 30 percent of the penalty, or the full amount due to the allottee with interest and compensation. The Tribunal tries to decide within 60 days.
The Real Estate Appellate Tribunal is the appeal forum created under RERA, 2016. It hears challenges to decisions, directions and orders passed by a State Real Estate Regulatory Authority or its adjudicating officer. Both homebuyers and builders can use it. Its own orders can be challenged further before the High Court.
The Real Estate (Regulation and Development) Act, 2016 governs every step of this appeal.
The pre-deposit condition for promoters was challenged as unconstitutional. In M/s Newtech Promoters and Developers Pvt Ltd v State of U.P., 2021 SCC OnLine SC 1044, the Supreme Court upheld the mandatory pre-deposit under the proviso to Section 43(5) as a valid pre-condition for a promoter's right of appeal. So a builder must pay first and argue later.
RTI angle, honestly stated: The State RERA Authority is a public authority under the RTI Act, 2005. The Tribunal itself is largely a judicial body, so its pending case files may not be freely disclosable. But you can use RTI to get the project file, registration and quarterly progress details, copies of orders, and the status of complaints held by the RERA Authority. That paper trail strengthens both your appeal and any later execution.
First Appeal Builder can help you structure a clean, ground-by-ground appeal document.
Real-life example: Dr. Shrawan Kumar Pathak booked a flat in a Lucknow project in 2022 and won a refund order from the U.P. RERA adjudicating officer in January 2026 directing the builder to repay ₹38 lakh with interest. The builder appealed to the U.P. Real Estate Appellate Tribunal. Because the proviso to Section 43(5) applied, the Tribunal first required the builder to deposit the full amount due to Dr. Pathak with interest before the appeal could be heard. Dr. Pathak filed an RTI with U.P. RERA for the project file and order copy for ₹10, used it to file his reply through the First Appeal Builder, and the Tribunal dismissed the builder's appeal within about three months. Total out-of-pocket cost to Dr. Pathak: under ₹2,000 including the RTI fee and copying.
Before you appeal, or to enforce a win, file an RTI with the State RERA Authority for the project records and order copies. Send it to the Public Information Officer of your State RERA. Here is a sample you can adapt.
To, The Public Information Officer [State] Real Estate Regulatory Authority [Office address] Subject: Request for information under the Right to Information Act, 2005 Sir or Madam, Under Section 6(1) of the RTI Act, 2005, I request the following information regarding RERA-registered project [Project Name], registration number [RERA Reg No.], and complaint number [Complaint No.] if any: 1. A certified copy of the registration application and the latest quarterly progress reports filed by the promoter for the above project. 2. A certified copy of every order, direction and decision passed by the Authority or the adjudicating officer in the above complaint. 3. The current status of the above complaint and any execution proceedings. 4. The name and designation of the officer who passed the said order. As per Section 7(1) of the RTI Act, 2005, kindly provide this information within 30 days. I enclose the prescribed fee of ₹10. If any part of this request is refused, please give reasons and inform me of my right of first appeal under Section 19(1) of the Act, along with the appellate authority's details. Name: Address: Phone: Date: Signature:
You can generate a ready-to-send version with the AI RTI Drafter.
You have 60 days from the date you received the order under Section 44(2) of RERA. The Tribunal can admit a late appeal if you show sufficient cause for the delay.
Both can. Section 43(5) lets any person aggrieved by an order of the RERA Authority or its adjudicating officer appeal, so allottees, associations and promoters all qualify.
Yes. The proviso to Section 43(5) requires a promoter to first deposit at least 30 percent of the penalty, or the full amount due to the allottee with interest and compensation, before the Tribunal will hear the appeal.
Yes. In M/s Newtech Promoters and Developers Pvt Ltd v State of U.P., 2021 SCC OnLine SC 1044, the Supreme Court upheld the mandatory pre-deposit under the proviso to Section 43(5) as valid.
Section 44(5) says the Tribunal shall endeavour to dispose of the appeal within 60 days of receiving it, and record reasons in writing if it cannot meet that timeline.
Yes. Under Section 58 you can appeal to the High Court within 60 days, but only on one or more questions of law.
The appeal fee is set by each State's Appellate Tribunal Rules and varies by state. Check your State RERA portal for the current figure before paying.
Yes. The State RERA Authority is a public authority under the RTI Act, 2005. You can seek the project file, registration details, order copies and complaint status for the standard ₹10 fee.