Appealing a RERA Order in Bengaluru: Sixty Days, the Tribunal and the Builder's Deposit
Sections 43 and 44 of the RERA Act let any aggrieved person appeal an Authority or adjudicating officer's order within sixty days, and require a promoter to deposit at least thirty percent of the penalty or the amount due before its appeal is heard.
A RERA order is rarely the last word. A Bengaluru buyer who wins an order for delay interest may find the builder appealing it. A buyer whose complaint is dismissed may want to challenge the reasoning. Either way, the next stage is the Real Estate Appellate Tribunal, and the clock starts running on the day the order arrives.
The Real Estate (Regulation and Development) Act, 2016 sets out that stage in sections 43 and 44, with a further appeal to the High Court in section 58. One provision in particular matters to buyers: a promoter who appeals must first deposit at least 30 percent of the penalty, or the amount payable to the allottee, before the appeal is heard. This guide reads the provisions as published in the Gazette of India and explains how a Bengaluru buyer can approach an appeal from either side.
The short answer. Under sections 43(5) and 44 of the RERA Act, any person aggrieved by a direction, decision or order of the Authority or an adjudicating officer may appeal to the Appellate Tribunal within sixty days of receiving a copy, and the Tribunal may admit a later appeal for sufficient cause. If the appellant is a promoter, the appeal shall not be entertained without the promoter first depositing at least thirty percent of the penalty, or such higher percentage as the Tribunal determines, or the total amount payable to the allottee including interest and compensation, or both, before the appeal is heard. The Tribunal is to endeavour to dispose of an appeal within sixty days. The trade-off: the appeal route keeps a check on the regulator, but it adds months to a dispute, so a buyer should weigh the time against the amount at stake.
Who can appeal a RERA order?
The Gazette of India copy of the RERA Act answers this in two places. Section 43(5) says any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under the Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter.
The explanation to section 43(5) widens the door. It says that for the purpose of that sub-section, "person" shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force. That matters in Bengaluru apartment projects where many owners share the same grievance and want to act together.
Section 44(1) adds that the appropriate Government, the competent authority or any person aggrieved by any direction, order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal.
How long do you have to file an appeal?
Section 44(2) says every appeal shall be preferred within a period of sixty days from the date on which a copy of the direction, order or decision is received by the appropriate Government, the competent authority or the aggrieved person. The appeal shall be in such form and accompanied by such fee as may be prescribed under the state's rules.
The proviso adds that the Appellate Tribunal may entertain an appeal after the sixty days if it is satisfied that there was sufficient cause for not filing it within that period. That is a safety valve, not a second deadline. A buyer who intends to appeal should treat sixty days from receipt of the order as the working limit and keep proof of the date the copy was received.
Our earlier guide on choosing between the RERA adjudicating officer, consumer forum and civil court explains the first stage, before any appeal.
What must a promoter deposit before its appeal is heard?
This is the provision that most directly protects buyers who have won an order. The proviso to section 43(5) says that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained without the promoter first having deposited with the Tribunal at least thirty per cent of the penalty, or such higher percentage as may be determined by the Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on the promoter, if any, or with both, as the case may be, before the appeal is heard.
The table below sets out how the appeal rules apply to each side.
| Point | Buyer appealing | Promoter appealing |
|---|---|---|
| Right to appeal | Any person aggrieved, including an association of allottees | Any person aggrieved |
| Time limit | Sixty days from receipt of the order, later for sufficient cause | Sixty days from receipt of the order, later for sufficient cause |
| Deposit before hearing | No deposit under the proviso to section 43(5) | At least thirty percent of the penalty, or the amount due to the allottee, or both |
| Target for decision | Endeavour to dispose within sixty days | Endeavour to dispose within sixty days |
| Further appeal | High Court within sixty days on section 100 CPC grounds | High Court within sixty days on section 100 CPC grounds |
The deposit requirement is specific to promoters in the text of the proviso. For a buyer holding an order for refund or interest, it means a promoter cannot simply file an appeal to delay payment without first putting money with the Tribunal.
What happens at the Appellate Tribunal?
Section 44(3) says that on receipt of an appeal, the Appellate Tribunal may, after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit. Section 44(4) says the Tribunal shall send a copy of every order it makes to the parties and to the Authority or the adjudicating officer.
On timing, section 44(5) says the appeal shall be dealt with as expeditiously as possible and endeavour shall be made to dispose of it within sixty days from the date of receipt. Where that is not possible, the Tribunal shall record its reasons in writing. Section 44(6) gives the Tribunal power to call for the records relevant to the appeal to examine the legality, propriety or correctness of the order under challenge.
Section 43(5) says the appeal lies before the Tribunal having jurisdiction over the matter, and section 43(1) provides for an Appellate Tribunal established by each state, so a Bengaluru dispute goes to the Tribunal for Karnataka.
Can the Tribunal's decision be appealed, and how is it enforced?
Section 58(1) says any person aggrieved by a decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date the decision or order is communicated, on one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908. The High Court may admit a later appeal if the appellant was prevented by sufficient cause. The explanation says the High Court means the High Court of the state where the project is situated. Section 58(2) says no appeal shall lie against a decision or order of the Tribunal made with the consent of the parties.
On enforcement, section 40(1) says that if a promoter, allottee or real estate agent fails to pay any interest, penalty or compensation imposed by the adjudicating officer, the Authority or the Appellate Authority, it shall be recoverable in the prescribed manner as an arrears of land revenue. Section 64 says a promoter who fails to comply with an order, decision or direction of the Appellate Tribunal shall be punishable with imprisonment for a term which may extend up to three years, or with a fine for every day of default which may cumulatively extend up to ten percent of the estimated cost of the project, or with both.
How should a Bengaluru buyer prepare for an appeal?
Whether you are appealing or responding, the work is mostly about dates and documents. Start with the order itself. Read the operative part, which says what each side must do and by when, and separate it from the reasoning. An appeal argues that the reasoning or the result is wrong; it is not a chance to repeat the original complaint. If you are responding to a promoter's appeal, the first question is whether the deposit under the proviso to section 43(5) has been made, because the appeal is not to be heard until it is.
Think too about cost and time. The Tribunal is to endeavour to decide within sixty days, but the Act allows longer with reasons recorded, and a further appeal to the High Court is possible. For a modest claim, a negotiated settlement recorded as a consent order may serve a buyer better, bearing in mind that section 58(2) bars an appeal against an order made with the consent of the parties. For a different city's process, our guide to filing a TG RERA complaint in Hyderabad shows how one state sets out its forms and fees.
Use this checklist:
- Note the date you received the copy of the order, and keep proof of it.
- Count sixty days from that date and diary the deadline.
- Check the state rules for the appeal form and fee before filing.
- If the promoter appeals, check whether the required deposit has been made.
- Consider filing jointly through your association of allottees where many owners are affected.
- Keep the original complaint, replies, evidence and order together in one file.
- Take advice from a lawyer on whether the amount at stake justifies an appeal.
What do Bengaluru buyers ask about RERA appeals?
How long do I have to appeal a RERA order?
Section 44(2) of the RERA Act says an appeal to the Appellate Tribunal must be filed within sixty days from the date a copy of the order is received. The Tribunal may entertain a later appeal if it is satisfied there was sufficient cause for the delay.
Does a builder have to pay anything before appealing a RERA order?
Yes. The proviso to section 43(5) says a promoter's appeal shall not be entertained without first depositing at least thirty percent of the penalty, or a higher percentage set by the Tribunal, or the total amount payable to the allottee including interest and compensation, or both, before the appeal is heard.
Can an association of allottees file a RERA appeal?
Yes. The explanation to section 43(5) says that "person" includes the association of allottees or any voluntary consumer association registered under any law for the time being in force, so an association can appeal a direction, decision or order of the Authority or an adjudicating officer.
Can I appeal an Appellate Tribunal decision to the High Court?
Yes. Section 58(1) allows an appeal to the High Court of the state where the project is situated within sixty days of communication of the Tribunal's order, on grounds specified in section 100 of the Code of Civil Procedure. No appeal lies against an order made with the parties' consent.
Last updated 2026-10-18. PropNewz Team.
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