Under the Real Estate (Regulation and Development) Act 2016, the procedure for agitating your grievance starts at the stage of filing a complaint under Section 31 of the Act. Against the order passed by the Real Estate Regulatory Authority upon the complaint, one may prefer an appeal before the Real Estate Appellate Tribunal under Section 44 of the Act. Against the Order of the Real Estate Appellate Tribunal, one may prefer an appeal under Section 58 of the Act before the High Court.
Section 58 of the RERA Act is quoted below:
58. Appeal to High Court.—(1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908):
Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
Explanation.—The expression “High Court” means the High Court of a State or Union territory where the real estate project is situated.
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.
Section 100 of CPC
Section 100 of the Civil Procedure Code provides that the Second Appeal can be preferred before the High Court only if there is a substantial question of law. The substantial question of law is framed at the time of the admission of the appeal. To read more about Second Appeal under Section 100 of CPC, click on the following link – http://nikhilkumaradvocate.in/second-appeal-before-honble-high-court/
Recovery Certificate
If the order of the RERA Authority is not executed, then the Recovery Certificate may be issued in favour of the aggrieved party under Section 40 of the Act.
Section 40 of the Act is as follows:
40. Recovery of interest or penalty or compensation and enforcement of order, etc.—(1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate Authority, as the case may be, under this Act or the rules and regulations made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue.
(2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with such order or direction, the same shall be enforced, in such manner as may be prescribed.
The recovery shall be done in such manner as may be prescribed as arrears of land revenue. The U.P. Revenue Code 2006 provides extensive powers to the District Collector for recovery as arrears of land revenue.
Defective Appeal
In case the RERA Appeal is filed before the High Court beyond the period of limitation provided under Section 58 of the Act, it must be accompanied by an application under Section 5 of the Limitation Act for condonation of delay. For learning more about the intricacies of delay condonation, click on the following link – https://nikhilkumaradvocate.in/law-relating-to-delay-condonation-remedies-and-analysis/
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