The Real Estate Appellate Tribunal — Composition and Powers — Land Law Notes

The Real Estate Appellate Tribunal — Composition and Powers

A regulator with no appeal from it would be a dictator; a regulator with an appeal that runs to the ordinary courts would be as slow as the courts RERA replaced. So the Act builds its own appeal court — the Real Estate Appellate Tribunal (REAT) — sitting directly above the Authority, deciding appeals in 60 days, with a final appeal only to the High Court. Remember the appeal chain as a straight ladder: Authority / adjudicating officer → Appellate Tribunal → High Court.

What the Tribunal is

Here is the everyday picture: the Tribunal is the appeal court of the RERA world. Anyone unhappy with an order of the Authority or the adjudicating officer appeals to the Tribunal, which is a specialised body — part judge, part sector-expert — so it can decide real-estate disputes quickly and knowledgeably. It is set up by the appropriate Government under section 43, and two or more States may share one Tribunal.

Section 43(5), RERA, 2016: “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 before the Appellate Tribunal having jurisdiction over the matter …”

In Simple Terms: If you lose before the Authority (or its adjudicating officer), you do not go to the civil court — you appeal to the Real Estate Appellate Tribunal. It is the dedicated appeal forum for everything RERA.

A. Composition and qualifications (ss. 45–46)

  1. Composition (s. 45). The Tribunal consists of a Chairperson and not less than two whole-time Members, of whom one must be a Judicial Member and one a Technical or Administrative Member. Each bench has at least one Judicial and one Technical/Administrative Member (s. 43(3)).
  2. Qualifications (s. 46).
    • Chairperson — is or has been a Judge of a High Court.
    • Judicial Member — has held judicial office in India for at least 15 years, or been a member of the Indian Legal Service holding a post of Additional Secretary rank, or been an advocate for at least 20 years with experience in real-estate matters.
    • Technical / Administrative Member — a person well-versed in urban development, housing, real estate, infrastructure, law, commerce, etc., with at least 20 years’ experience, or who has held a post of Additional Secretary rank.
  3. Appointment. The Chairperson is appointed by the Government in consultation with the Chief Justice of the High Court (or his nominee); Members are appointed on a Selection Committee’s recommendation.
  4. Term (s. 47). Five years, not eligible for re-appointment; the Chairperson holds office up to age 67, and other Members up to age 65.

B. The pre-deposit condition on a promoter’s appeal (s. 43(5) proviso)

This is a favourite exam point. Where a promoter appeals against an order to pay the allottee, the Tribunal shall not entertain the appeal unless he first deposits at least 30% of the penalty, or the total amount to be paid to the allottee (including interest and compensation), as the case may be. It stops a defaulting builder from using an appeal merely to delay paying the buyer.

C. Procedure and time-limit (s. 44)

An appeal must be filed within 60 days of receiving the Authority’s/adjudicating officer’s order (the Tribunal may condone delay for sufficient cause). The Tribunal, after hearing the parties, may pass such orders (including interim orders) as it thinks fit, and shall endeavour to dispose of the appeal within 60 days.

D. Powers of the Tribunal (ss. 53, 57)

  1. Not bound by the CPC or the Evidence Act (s. 53). The Tribunal is guided by the principles of natural justice and regulates its own procedure; it is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
  2. But it has civil-court powers (s. 53(4)). For discharging its functions it has the powers of a civil court under the CPC — summoning and examining persons on oath, requiring discovery and production of documents, receiving evidence on affidavit, issuing commissions, reviewing its decisions, and dismissing for default or deciding ex parte.
  3. Judicial proceedings. Its proceedings are deemed judicial proceedings, and it is deemed a civil court for specified purposes of the criminal procedure code.
  4. Orders executable as a decree (s. 57). Every order of the Tribunal is executable as a decree of a civil court, and it may transmit its order to a local civil court for execution.
  5. Right to legal representation (s. 56). A party may appear in person or through a chartered accountant, company secretary, cost accountant or legal practitioner.

E. Appeal to the High Court (s. 58)

A person aggrieved by the Tribunal’s order may appeal to the High Court within 60 days, on one or more of the grounds specified in section 100 of the CPC (i.e. a substantial question of law). No appeal lies against an order the parties made by consent. This is the top of the ladder.

🧩 WORKED EXAMPLE — the builder who appeals to stall

Facts. The Authority orders a promoter to refund Rs. 40 lakh with interest to an allottee. The promoter files an appeal to the Tribunal but deposits nothing, hoping to drag things out.

Rule. Section 43(5) proviso bars the Tribunal from entertaining a promoter’s appeal unless he first deposits at least 30% of the penalty, or the total amount payable to the allottee including interest and compensation; s. 44 requires disposal in about 60 days; s. 58 allows a further appeal to the High Court within 60 days on a substantial question of law.

Apply. The Tribunal cannot even take up the appeal until the promoter makes the mandatory pre-deposit. If he still loses, he may appeal to the High Court within 60 days, but only on a substantial question of law — he cannot re-argue the facts.

Conclusion. The pre-deposit gate turns the appeal from a delaying tactic into a genuine remedy — the builder must put money on the table before he is heard.

flowchart TD
    ROOT["Real Estate Appellate Tribunal<br/>(ss. 43-58)"]:::root
    ROOT --> C["COMPOSITION (ss.45-46)<br/>Chairperson (Judge of HC) +<br/>>= 2 Members: 1 Judicial + 1 Technical;<br/>term 5 yrs (age 67 / 65)"]:::leaf
    ROOT --> PD["s.43(5) proviso: promoter's appeal<br/>needs >=30% pre-deposit"]:::warn
    ROOT --> P["POWERS (ss.53, 57)<br/>not bound by CPC/Evidence Act<br/>but has civil-court powers;<br/>orders executable as a decree"]:::leaf
    ROOT --> CHAIN["APPEAL CHAIN<br/>Authority / adjudicating officer<br/>--> Tribunal (60 days) --> High Court (s.58)"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef warn fill:#FDECEA,stroke:#B22222,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

  • M/s Newtech Promoters and Developers Pvt. Ltd. vs State of Uttar Pradesh (2021) — upheld the RERA appellate scheme, including the pre-deposit condition on a promoter’s appeal as a valid, reasonable safeguard for allottees, not an unfair barrier to appeal.
  • Neelkamal Realtors and Developers Pvt. Ltd. vs Union of India (2017) — upheld the constitution of the Appellate Tribunal and the requirement of a judicial member, satisfying the standards for tribunals.

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