Appeals and promoter pre-deposit
Appeals to the RERA Appellate Tribunal are subject to limitation, and promoter appeals require the statutory pre-deposit before being entertained.
Finin2min summary
Appeals to the RERA Appellate Tribunal are subject to limitation, and promoter appeals require the statutory pre-deposit before being entertained.
Legal anchors
- Sections 43–58
- State appellate rules
How to analyse it
- Calendar limitation from receipt of order.
- Compute pre-deposit under the order and statute.
- Prepare stay and merits strategy.
- Preserve High Court question-of-law route.
Practical illustration
A promoter challenges a refund order but does not deposit the required amount. The tribunal may not entertain the appeal.
What can go wrong?
- Assuming filing alone stays order
- Incorrect pre-deposit base
- Late certified copy request
Evidence pack
- Order/service proof
- Pre-deposit computation
- Appeal memo
- Stay application
Decision workflow
- Freeze the facts and effective date.
- Identify the controlling Act, rule, notification, circular and jurisdictional overlay.
- Prepare a calculation or exposure note.
- Collect the evidence pack before filing, payment, signing or response.
- Record reviewer conclusion and assumptions.
Quick Q&A
Is the result automatic?
No. Calendar limitation from receipt of order.
What is the most important control?
Preserve High Court question-of-law route.
What should be escalated?
Assuming filing alone stays order, especially where money, deadlines, enforcement, personal liability or irreversible transaction steps are involved.
Official source trail
- Real Estate (Regulation and Development) Act, 2016 — India Code
- India Code RERA browse page
- MoHUA RERA resource page
- MoHUA RERA FAQs
Secondary commentary may help interpretation, but it is not the source of law.