By S&S Co. Advocates & Solicitors · Published 27 January 2026 · Informational content, not legal advice: see our disclaimer
Who Can Appeal, and to Whom
Any person aggrieved by a direction, decision or order of the RERA Authority or an Adjudicating Officer can appeal to the state's Real Estate Appellate Tribunal under Section 44 of RERA. This includes both promoters challenging an order against them and allottees dissatisfied with the relief granted or denied.
The Limitation Period
An appeal must be filed within 60 days of the date the order is received, extendable by the Tribunal for a further period not exceeding 60 days on sufficient cause being shown for the delay. Tribunals have applied this 'sufficient cause' standard strictly, generally rejecting generalised explanations like internal administrative delay or a change of counsel, and treating the combined 120-day outer window as a hard limit beyond which delay is not ordinarily condoned at all.
The Pre-Deposit Requirement for Promoters
Where a promoter appeals an order requiring payment of an amount to an allottee, the proviso to Section 43(5) requires the promoter to deposit at least 30% of the penalty, or such higher percentage as the Appellate Tribunal may determine, or the entire amount to be paid to the allottee (whichever is less), before the appeal can be entertained. Tribunals have held this pre-deposit condition attaches even to an application seeking condonation of delay in filing the appeal: a promoter cannot get the delay question considered in isolation before making the deposit.
What the Tribunal Can Do
The Appellate Tribunal can confirm, modify or set aside the order appealed against, and its own order can be further appealed to the High Court on a substantial question of law under Section 58. Throughout the process, the Tribunal is guided by principles of natural justice rather than strict adherence to the Code of Civil Procedure, though it exercises powers of a civil court for specific purposes such as summoning witnesses and receiving evidence.
Frequently Asked Questions
How long do I have to file an appeal against a RERA order?
60 days from receipt of the order, extendable by up to a further 60 days on sufficient cause: a combined outer limit of 120 days.
Does a promoter have to pay anything before an appeal is heard?
Where the appeal is against an order to pay an allottee, the promoter must generally pre-deposit at least 30% of the amount (or a higher percentage the Tribunal sets, or the full amount if lower) before the appeal is entertained.
Can I appeal further after the Real Estate Appellate Tribunal decides?
Yes: an order of the Appellate Tribunal can be appealed to the jurisdictional High Court on a substantial question of law.
References & Further Reading
This article references the following statutes, rules and judicial decisions. Case citations link to the fuller discussion in our Legal Updates archive, verified against primary sources at the time of writing.
- Real Estate (Regulation and Development) Act, 2016: Sections 43 (Appellate Tribunal), 44 (appeals) and 58 (appeal to High Court).