Section 44 of RERA : Section 44: Application For Settlement Of Disputes And Appeals To Appellate Tribunal

Explanation using Example

Imagine you are a homebuyer who has purchased an apartment in a new residential complex. The developer promised various amenities including a clubhouse, a swimming pool, and a gym within the project. However, upon completion, the developer fails to provide these amenities and you decide to file a complaint with the Real Estate Regulatory Authority (RERA).

The Authority, after hearing your case, orders the developer to complete the amenities within a set deadline. However, the developer disagrees with this decision and decides to appeal against it. The developer files an appeal to the Appellate Tribunal under Section 44 of the Real Estate (Regulation and Development) Act, 2016, within sixty days of receiving the order from RERA.

The Appellate Tribunal reviews the appeal, gives both you (the aggrieved homebuyer) and the developer an opportunity to present your cases, and then makes an interim order stating that the developer must start the construction of the amenities immediately while the Tribunal further examines the case.

Both you and the developer receive copies of this interim order. The Tribunal aims to resolve this appeal within sixty days, but if it cannot, it will provide written reasons for the delay, as mandated by the Act.