Understanding the Appeal Process Against RERA Orders and Execution
Introduction: The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect the interests of homebuyers and regulate the real estate sector in India. Under RERA, the Real Estate Regulatory Authority (RERA) plays a pivotal role in ensuring transparency, accountability, and efficiency in real estate transactions. However, like any legal framework, disputes and disagreements can arise between developers and homebuyers. In such cases, understanding the appeal process against RERA orders and execution becomes crucial. In this blog, we will explore the appeal process and execution mechanisms under RERA.
Appealing a RERA Order
Grounds for Appeal:
Homebuyers and developers who are aggrieved by a RERA order have the right to appeal to the Appellate Tribunal. Common grounds for appeal include disputes related to delays in project completion, incorrect project details, unfair terms in the agreement, or penalties imposed by RERA.
Time Limit for Filing an Appeal:
An appeal to the Appellate Tribunal must be filed within 60 days from the date of the RERA order. However, the Appellate Tribunal may entertain an appeal filed after the expiration of 60 days if it is satisfied that there was a valid reason for the delay.
Appellate Tribunal:
The Appellate Tribunal is the second level of dispute resolution under RERA. It is an independent judicial body with the authority to hear and decide appeals against RERA orders. The Appellate Tribunal’s decision is considered final and binding.
Appeal Procedure:
The appellant, whether a homebuyer or developer, should file a detailed appeal before the Appellate Tribunal, including all relevant documents and evidence. The Appellate Tribunal will then hear both parties and consider the merits of the case. The decision is typically provided within 60 days from the date of filing the appeal.
Also Read: Analysis Over RERA and Consumer Laws
Execution of RERA Orders
Once a RERA order is issued, it is essential for it to be executed promptly to ensure justice is served. Execution of RERA orders typically involves the following steps:
Compliance by the Developer:
If the RERA order requires the developer to take specific actions, such as delivering possession of the property, refunding the amount paid by the homebuyer, or paying compensation, the developer must comply with these directions within the stipulated time.
Monitoring by RERA:
RERA authorities play a critical role in monitoring the execution of their orders. They ensure that developers adhere to the prescribed timelines and take the necessary actions to comply with the order.
Enforcement by Appellate Tribunal:
In case a developer fails to comply with the RERA order, the homebuyer may approach the Appellate Tribunal to enforce the order. The Appellate Tribunal can issue orders for the attachment of property, imposition of fines, or any other necessary action to compel compliance.
Role of Civil Courts:
If the developer still does not adhere to the RERA or Appellate Tribunal orders, the homebuyer can approach the civil court to enforce the RERA orders, as RERA orders have the same status as a civil court decree.
Conclusion
The RERA framework has undoubtedly provided much-needed protection and accountability in the Indian real estate sector. However, it’s essential to understand the appeal process and execution mechanisms under RERA to safeguard the interests of both homebuyers and developers. Whether you are a homebuyer seeking justice against a developer’s non-compliance or a developer aggrieved by a RERA order, knowing the process and your rights is key to finding a resolution and ensuring the real estate sector operates transparently and efficiently.
