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Can We File Appeal Against The Order Passed by UP RERA

The Real Estate Appellate Tribunal which also known as REAT has been set up to hear appeals against orders passed by the Real Estate Regulatory (Authority). Under the Real Estate Regulation Act, 2016- Section 43, the REAT can examine the legality of orders passed by the RERA and decide whether to uphold or overturn them.

What is the time-limit to file an appeal against a RERA Order?

An appeal challenging a RERA order must be filed within 60 days from the date of receipt of an appeal.

The process for filing the appeal is as under:

  • First Register yourself and follow the procedure given at the website https://efilingreat.up.gov.in/mainPage.in
  • Obtain the certified copy of the order passed by the RERA or the Adjudicating Officer.
  • Draft the Memo of Appeal as per FORM-L under UP-RERA Rules. 
  • Annexe to the Memo of Appeal at least the following documents:
    • Copy of the order’s attested copy against which the appeal is filed;
    • Copies of the documents relied upon by the appellant & referred to in the appeal, which may include:
      • Application form
      • Sale Agreement
      • Brochure of Project
      • Payment Receipts
      • Sanctioned plans
      • News Reports etc.
      • Other documents as may be decided by the advocate.
      • Copy of the Complaint, reply and replication filed in the RERA.
      • An index of the documents.
      • Form A & B of the UP REAT Rules & Regulations 2019

File the appeal online on UPREAT e-filing website as per the online filing instructions available on the said website with a court fee of INR 1000.

The defects, if any are notified to the party/ advocate online as well as over email and mobile through SMS.

Once an appeal is admitted and after that notice is issued to the respondent and a fixed date for appearance and filing of the Reply/ Counter against the appeal.

The appeal preferred is dealt with by UPREAT as soon as possible and endeavour is made by it to dispose of the appeal within a period of 60 days from the date of receipt of an appeal.

Appeal against the order of UP REAT

Any person aggrieved by any order of the Appellate Tribunal may file an appeal to the High Court, within a period of 60 days from the date of communication of the decision or order of the Appellate Tribunal, to him//her. A second appeal is granted by the Hon’ble High Court only if:

  • The High Court got satisfy that the case involves a substantial question of law.
  • If the appellate decree is passed without the appearance of appellant.
  • The memorandum of the second appeal should precisely state the substantial question of law involved in the appeal.
  • When the High Court is satisfied that a substantial question of law is involved in any case, then before issuing notice it formulates that question.
  • The 2nd appeal is heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such a question.

If parties are not satisfied even with High Court’s order, then as a matter of constitutional right they can approach to the Hon’ble Supreme Court of India through Special Leave Petition.

For BUYER- Basic Requirement of filing appeal

  1. Check List- Form A
  2. Index
  3. Fee = 1000/- (Demand draft or Online)
  4. Delay Condonation Application support with affidavit (photo on affidavit), if delay
  5. Form L
  6. Memo of Appeal (Rs. 10/- court fee)
  7. Both parties email id & Whatsapp no.
  8. Email id of Advocate
  9. Pan No. and Aadhar No. of applicant
  10. Certified copy of RERA order
  11. Uploaded Proof
  12. RERA online complaint copy
  13. Annexure & Form B
  14. Aadhar Card of Applicant
  15. Vakalatnama (Rs. 10/- court fee + welfare ticket)

For PROMOTER- Basic Requirement of filing appeal

  1. Check List- Form -A
  2. Index
  3. Fee = 1000/- (Demand draft or Online)
  4. Delay Condonation Application support with an affidavit (photo on affidavit), if delay
  5. Compliance of Sec. 43(5) of the Act
  6. C. A. Certificate
  7. Form L
  8. Memo of Appeal (Rs. 10/- court fee)
  9. Both parties email id & Whatsapp no.
  10. Email id of Advocate
  11. Pan No. and Aadhar No.  of company/competent authority
  12. Certified copy of RERA order
  13. Uploaded Proof
  14. RERA online complaint copy
  15. Annexures & Form B
  16. Board of Resolution, original
  17. Aadhar Card of Applicant’s Authorized Person
  18. Vakalatnama (Rs. 10/- court fee + welfare ticket)