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:
- Error in judgment or interpretation of law.
- Violation of principles of natural justice.
- Any unfair or biased decision.
📌 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
- Go to the official UP RERA Appellate Tribunal portal.
- Download the prescribed Form R (Appeal Form).
Step 2: Prepare the Appeal Application
- Fill out the Form R with details like:
- RERA Order details
- Grounds for appeal
- Relief sought
- Attach supporting documents (refer to the required documents list).
Step 3: Pay the Appeal Fee & Pre-Deposit
- Pay the required fees online or via Demand Draft.
- Deposit the 30% pre-deposit amount if applicable.
Step 4: Submit the Appeal
- File the appeal physically at the UP RERA Appellate Tribunal office or online through the portal.
- Get an acknowledgment receipt for tracking purposes.
Step 5: Appear for the Hearing
- The Tribunal will send a notice to both parties.
- Attend the hearing with all required documents and legal representation.
- The Tribunal will review the case and issue a final order.
📌 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? 😊
