Section 43 of RERA : Section 43: Establishment Of Real Estate Appellate Tribunal

Explanation using Example

Imagine a scenario where a homebuyer is dissatisfied with a decision made by the Real Estate Regulatory Authority (RERA) regarding a complaint against a property developer. According to Section 43 of The Real Estate (Regulation and Development) Act, 2016, the homebuyer has the right to appeal this decision.

Let's say the RERA in the State of Exampleland has ordered the developer to refund the homebuyer's deposit with interest due to project delays. However, the homebuyer believes they are also entitled to compensation for the rental costs they incurred due to the delay. Dissatisfied with the RERA's decision, which did not include compensation for rental expenses, the homebuyer decides to appeal.

Since the Act has been in force for over a year, the Exampleland Government has established an Appellate Tribunal, known as the Exampleland Real Estate Appellate Tribunal, where the homebuyer can file their appeal. The Tribunal consists of a Judicial Member and an Administrative Member, ensuring that both legal and technical aspects of the case are considered.

The homebuyer files the appeal with the Appellate Tribunal, seeking a revision of the RERA's decision, specifically requesting additional compensation for the rental costs. As per the Act, the homebuyer is not required to deposit any money to file the appeal since they are an aggrieved individual, not a promoter.

This example demonstrates the use case of Section 43, which provides a mechanism for individuals to seek redressal against decisions of the RERA through an established Appellate Tribunal.