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How to File an Appeal against a UP RERA Order?

If you are dissatisfied with a UP RERA (Uttar Pradesh Real Estate Regulatory Authority) order, you can file an appeal before the RERA Appellate Tribunal. Here’s a step-by-step guide on how to appeal against a UP RERA order:

1. Understanding the Appeal Process

Appeal Authority: The appeal must be filed before the UP RERA Appellate Tribunal under Section 44 of the RERA Act, 2016.
Time Limit: The appeal must be filed within 60 days from the date of the UP RERA order.
Grounds for Appeal:

📌 Note: If the appeal is delayed beyond 60 days, a valid reason for the delay must be provided.

2. Documents Required for Filing the Appeal

Copy of the UP RERA order against which the appeal is filed.
Statement of facts and grounds for challenging the order.
Affidavit in support of the appeal.
Demand Draft or Online Payment Receipt for prescribed fees.
Proof of Compliance with RERA Order (if applicable).
Index and Pagination of Documents.

📌 Tip: Keep multiple copies of all documents, as you may need them at different stages of the case.

3. Appeal Fee & Pre-Deposit Requirement

Appeal Filing Fee: ₹5,000 (subject to changes as per UP RERA rules).
Pre-Deposit Amount: If the order includes a monetary penalty, the appellant must deposit at least 30% of the amount before filing the appeal.

📌 Example: If UP RERA orders a developer to refund ₹10 lakh, the developer must deposit ₹3 lakh (30%) before filing the appeal.

4. Steps to File an Appeal Against a UP RERA Order

Step 1: Visit the UP RERA Tribunal Website

Step 2: Prepare the Appeal Application

Step 3: Pay the Appeal Fee & Pre-Deposit

Step 4: Submit the Appeal

Step 5: Appear for the Hearing

📌 Tip: Engage a qualified real estate lawyer to improve your chances of success.

5. What Happens After Filing an Appeal?

If the Appeal is Accepted: The Appellate Tribunal may set aside, modify, or uphold the UP RERA order.
If the Appeal is Rejected: You can further appeal to the High Court within 60 days under Section 58 of the RERA Act.

Key Takeaways:

✔ File the appeal within 60 days of the RERA order.
✔ Pay the ₹5,000 appeal fee and 30% of the penalty amount if applicable.
✔ Submit Form R and supporting documents.
✔ Appear for the Tribunal hearing with legal representation.
✔ If unsatisfied, you can further appeal to the High Court.

Would you like assistance in drafting the appeal or finding a real estate lawyer? 😊