Spotted a Mistake in Your RERA Order? How Section 39 Rectification Works for Bengaluru Buyers
A Bengaluru buyer's guide to correcting errors in a RERA order: the two year rectification power in Section 39, its limits, how it differs from a sixty day appeal, why small errors affect enforcement, and a seven step plan when you spot a mistake.
After months of hearings, a Bengaluru buyer finally receives a RERA order directing the builder to pay interest for the delayed flat. Reading it closely at home, the buyer spots a problem. The unit number is wrong by one digit, and the date from which interest is to run does not match the date recorded in the order's own summary of facts. The builder's office has already pointed to the wrong unit number in a reply. Does the buyer have to start an appeal to fix an obvious slip? Not necessarily. The RERA Act has a separate, narrower tool for exactly this: rectification of orders under Section 39.
The short answer. Section 39 of the RERA Act says the authority may, at any time within two years from the date of an order, amend the order to rectify any mistake apparent from the record, and shall make the amendment if the mistake is brought to its notice by the parties. It cannot do so if an appeal has been preferred against the order, and it cannot amend the substantive part of the order while rectifying. An appeal to the Appellate Tribunal, by contrast, must be filed within sixty days of receiving the order. The trade-off: rectification has a longer window, but it only fixes visible errors; if you disagree with what was decided, the appeal clock is the one that matters.
What does Section 39 allow?
Correction of errors on the face of the record. Section 39 of the Real Estate (Regulation and Development) Act, 2016 says: "The Authority may, at any time within a period of two years from the date of the order made under this Act, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties".
Three features stand out. The power runs for two years from the date of the order. It covers a "mistake apparent from the record", in plain terms an error visible from the record. And the authority "shall" make the amendment when a party brings the mistake to its notice, which puts the onus on you to raise it.
What are the limits on rectification?
Two provisos narrow it. The first proviso says no such amendment shall be made in respect of any order against which an appeal has been preferred under the Act. The second proviso says the authority shall not, while rectifying any mistake apparent from the record, amend the substantive part of its order.
In practice, that separates two kinds of problem. A wrong digit in a unit number or a date that contradicts the order's own record is the kind of visible error the section's wording points to. A disagreement with how the authority weighed the evidence or decided your claim is a challenge to the substance of the order, which rectification cannot touch. If you are unsure which side of the line your problem falls on, take advice before the appeal window closes.
Note who the power belongs to. Section 39 speaks of the authority amending "any order passed by it". If the order you received came from the adjudicating officer, ask that office how errors in its orders are handled, and keep the appeal deadline in view while you do.
How is rectification different from an appeal?
Different purpose, different forum, different clock. Section 44(1) says any person aggrieved by a direction, decision or order of the authority or the adjudicating officer may appeal to the Appellate Tribunal. Section 44(2) says the appeal must be preferred within sixty days from the date a copy of the order is received, in the prescribed form and with the prescribed fee, though the tribunal may entertain a later appeal if satisfied there was sufficient cause. Section 44(3) says the tribunal may pass such orders, including interim orders, as it thinks fit after hearing the parties.
The two routes also interact. Because the first proviso to Section 39 bars rectification of an order against which an appeal has been preferred, filing an appeal closes the rectification route for that order. If your only issue is a visible slip, raise it for rectification first. If you also disagree with the substance, keep the sixty day appeal deadline in view. Our explainer on appeals to the Appellate Tribunal covers that route.
The appeal route has its own timetable after filing. The Ministry of Housing and Urban Affairs' FAQs on RERA, dated July 2025, say that under Section 44 the Appellate Tribunal should endeavour to dispose of an appeal as expeditiously as possible but not later than sixty days from filing, and must record reasons where it cannot. Beyond the tribunal, Section 58(1) allows an appeal to the High Court within sixty days of communication of the tribunal's decision, on the grounds specified in Section 100 of the Code of Civil Procedure, 1908.
The original complaint also has a target. The same FAQs say Section 29 provides that the authority should endeavour to dispose of complaints as expeditiously as possible and not later than sixty days from filing, recording reasons if it cannot. An order that then needs correcting adds time, which is another reason to read it closely the day it arrives.
Why does a small mistake in an order matter?
Because the order is what gets enforced. 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 Tribunal, it shall be recoverable as an arrear of land revenue in the manner prescribed. Section 40(2) says that if any of them issues an order or direction and a person fails to comply, it shall be enforced in the prescribed manner.
Enforcement works from the words of the order. A wrong unit number, a wrong name or a date that does not match the record can give the other side room to delay. Section 63 adds pressure on promoters: a promoter who fails to comply with or contravenes the authority's orders or directions is liable to a penalty for every day the default continues, which may cumulatively extend up to five per cent of the estimated project cost. Our guide to what to do when a RERA order is not paid explains the recovery route.
The MoHUA FAQs describe the recovery rule in plain terms: 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 Tribunal, the amount becomes recoverable as an arrear of land revenue, and orders or directions that are not followed can be enforced through prescribed procedures. A clean, accurate order makes that step easier.
How do you ask for rectification?
By bringing the mistake to the authority's notice. Section 39 says the authority shall make the amendment "if the mistake is brought to its notice by the parties". Section 39 itself does not prescribe a form, so check the authority's regulations and website for the current procedure, and make your request in writing either way.
Keep the request narrow. Identify the order by its number and date, quote the exact words that are wrong, point to the place in the record that shows the correct position, and state the correction you are asking for. Avoid re-arguing the case; under the second proviso, the substance cannot be changed this way.
You can present the request yourself. Section 56 says an applicant may appear in person or authorise a chartered accountant, company secretary, cost accountant, legal practitioner or any of its officers to present the case before the authority.
How do rectification and appeal compare?
This table sets out the two routes side by side.
| Point | Rectification | Appeal |
|---|---|---|
| Provision | Section 39 | Section 44 |
| Who decides | The authority that passed the order | The Appellate Tribunal |
| Time limit | Within two years from the date of the order | Within sixty days of receiving the order, extendable for sufficient cause |
| What it can change | A mistake apparent from the record, not the substantive part | The direction, decision or order itself |
| Effect of the other route | Not available once an appeal is preferred | Governed by Section 44 and its sixty day limit |
What should you do when you spot a mistake in a RERA order?
Act quickly and keep it simple.
- Read the full order the day you receive it and note the receipt date.
- List every factual detail: names, unit number, amounts, dates and rates.
- Compare each with the complaint, the agreement and the order's own record.
- Decide whether the problem is a visible slip or a disagreement on substance.
- For a slip, write to the authority quoting the error and the correct record.
- For a disagreement, diarise sixty days from receipt for an appeal.
- Keep copies of your request and any amended order for enforcement.
The registration number is the anchor in every document. For a project such as the one on our page for Sobha Madison Heights on Hosur Road, check that the K-RERA number in any order matches the project's registration exactly.
Frequently asked questions
Can RERA correct a mistake in its own order?
Yes. Section 39 of the RERA Act says the authority may, within two years from the date of an order, amend it to rectify any mistake apparent from the record, and shall do so if a party brings the mistake to its notice. It cannot amend the substantive part of the order while rectifying.
How long do I have to ask for rectification of a RERA order?
Section 39 of the RERA Act allows rectification at any time within two years from the date of the order. That is longer than the appeal window. Section 44(2) says an appeal to the Appellate Tribunal must be filed within sixty days of receiving a copy of the order, unless the tribunal accepts sufficient cause for delay.
Can I seek rectification after filing an appeal?
No. The first proviso to Section 39 of the RERA Act says no amendment shall be made in respect of any order against which an appeal has been preferred under the Act. If you want a visible slip corrected through rectification, raise it before an appeal is filed against that order.
Can rectification change the outcome of my RERA case?
No. The second proviso to Section 39 says the authority shall not amend the substantive part of its order while rectifying a mistake apparent from the record. If you disagree with the decision itself, the route is an appeal to the Appellate Tribunal under Section 44 within sixty days.
Last updated 2026-10-21. PropNewz Team.
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