Real Estate (Regulation and Development) Act, 2016.

S.20 Establishment and incorporation of Real Estate Regulatory Authority.

(1) The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Authority to be known as the Real Estate Regulatory Authority to exercise the powers conferred on it and to perform the functions assigned to it under this Act:

Provided that the appropriate Government of two or more States or Union territories may, if it deems fit, establish one single Authority:

Provided further that the appropriate Government may, if it deems fit, establish more than one Authority in a State or Union territory, as the case may be:

Provided also that until the establishment of a Regulatory Authority under this section, the appropriate Government shall, by order, designate any Regulatory Authority or any officer

S.21 Composition of Authority.

The Authority shall consist of a Chairperson and not less than two whole time Members to be appointed by the appropriate Government.

S.22 Qualifications of Chairperson and Members of Authority.

The Chairperson and other Members of the Authority shall be appointed by the appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department dealing with Housing and the Law Secretary, in such manner as may be prescribed, from amongst persons having adequate knowledge of and professional experience of at-least twenty years in case of the Chairperson and fifteen years in the case of the Members in urban development, housing, real estate development, infrastructure, economics, technical experts from relevant fields, planning, law, commerce, accountancy, industry, management, social service, public affairs or administration:

Provided that a person who is, or has been, in the service of the State Government shall not be appointed as a Chairperson unless such person has held

S.23 Term of office of Chairperson and Members.

(1) The Chairperson and Members shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier and shall not be eligible for re-appointment.

(2) Before appointing any person as a Chairperson or Member, the appropriate Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such Member.

S.24 Salary and allowances payable to Chairperson and Members.

(1) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure.

(2) Notwithstanding anything contained in sub-sections (1) and (2) of section 23, the Chairperson or a Member, as the case may be, may,—

(a) relinquish his office by giving in writing, to the appropriate Government, notice of not less than three months; or

(b) be removed from his office in accordance with the provisions of section 26 of this Act.

(3) Any vacancy caused to the office of the Chairper

S.25 Administrative powers of Chairperson.

The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such administrative powers and functions of the Authority as may be prescribed.

S.26 Removal of Chairperson and Members from office in certain circumstances.

(1) The appropriate Government may, in accordance with the procedure notified, remove from office the Chairperson or other Members, if the Chairperson or such other Member, as the case may be,—

(a) has been adjudged as an insolvent; or

(b) has been convicted of an offence, involving moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or

(1) The Chairperson or a Member, ceasing to hold office as such, shall not—

(a) accept any employment in, or connected with, the management or administration of, any person or organisation which has been associated with any work under this Act, from the date on which he ceases to hold office:

Provided that nothing contained in this clause shall apply to any employment under the appropriate Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or provincial Act or a Government Company, as defined under clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), which is not a promoter as per the provisions of this Act;

S.28 Officers and other employees of Authority.

(1) The appropriate Government may, in consultation with the Authority appoint such officers and employees as it considers necessary for the efficient discharge of their functions under this Act who would discharge their functions under the general superintendence of the Chairperson.

(2) The salary and allowances payable to, and the other terms and conditions of service of, the officers and of the employees of the Authority appointed under sub-section (1) shall be such as may be prescribed.

S.29 Meetings of Authority.

(1) The Authority shall meet at such places and times, and shall follow such rules of procedure in regard to the transaction of business at its meetings, (including quorum at such meetings), as may be specified by the regulations made by the Authority.

(2) If the Chairperson for any reason, is unable to attend a meeting of the Authority, any other Member chosen by the Members present amongst themselves at the meeting, shall preside at the meeting.

(3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or casting vote.

(4) The questions which come up before the Authorit

S.30 Vacancies, etc., not to invalidate proceeding of Authority.

No act or proceeding of the Authority shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Authority; or

(b) any defect in the appointment of a person acting as a Member of the Authority; or

S.31 Filing of complaints with the Authority or the adjudicating officer.

(1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder, against any promoter, allottee or real estate agent, as the case may be.

Explanation.--For the purpose of this sub-section "person" shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force.

(2) The form, manner and fees for filing complaint under sub-section (1) shall be such as may be ¹ [prescribed].

S.32 Functions of Authority for promotion of real estate sector.

The Authority shall in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector make recommendations to the appropriate Government or the competent authority, as the case may be, on,—

(a) protection of interest of the allottees, promoter and real estate agent;

(b) creation of a single window system for ensuring time bound project approvals and clearances for timely completion of the project;

(c) creation of a transparent and robust grievance redressal mechanism against acts of omission and commission of competent authorities and their officials;

S.33 Advocacy and awareness measures.

(1) The appropriate Government may, while formulating a policy on real estate sector (including review of laws related to real estate sector) or any other matter, make a reference to the Authority for its opinion on possible effect of such policy or law on real estate sector and on the receipt of such a reference, the Authority shall within a period of sixty days of making such reference, give its opinion to the appropriate Government, which may thereafter take further action as it deems fit.

(2) The opinion given by the Authority under sub-section (1) shall not be binding upon the appropriate Government in formulating such policy or laws.

(3) The Authority shall take suitable measures for the promotion of advocacy, creating awareness and imparting training about laws relating to real estate sector and policies.

S.34 Functions of Authority.

The functions of the Authority shall include—

(a) to register and regulate real estate projects and real estate agents registered under this Act;

(b) to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted;

(c) to maintain a database, on its website, for public viewing, and enter the names and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalised under this Act, with reasons

S.35 Powers of Authority to call for information, conduct investigations.

(1) Where the Authority considers it expedient to do so, on a complaint or suo motu, relating to this Act or the rules or regulations made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be.

(2) Notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:—

S.36 Power to issue interim orders.

Where during an inquiry, the Authority is satisfied that an act in contravention of this Act, or the rules and regulations made thereunder, has been committed and continues to be committed or that such act is about to be committed, the Authority may, by order, restrain any promoter, allottee or real estate agent from carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to such party, where the Authority deems it necessary.

S.37 Powers of Authority to issue directions.

The Authority may, for the purpose of discharging its functions under the provisions of this Act or rules or regulations made thereunder, issue such directions from time to time, to the promoters or allottees or real estate agents, as the case may be, as it may consider necessary and such directions shall be binding on all concerned.

S.38 Powers of Authority.

(1) The Authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules and the regulations made thereunder.

(2) The Authority shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own procedure.

(3) Where an issue is raised relating to agreement, action, omission, practice or procedure that

(a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project; or

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:

Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act:

Provided further that the Authority shall not, while rectifying any mistake apparent from record, amend substantive part of its order passed under the provisions of this Act.

S.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.

S.41 Establishment of Central Advisory Council.

(1) The Central Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Advisory Council.

(2) The Minister to the Government of India in charge of the Ministry of the Central Government dealing with Housing shall be the ex officio Chairperson of the Central Advisory Council.

(3) The Central Advisory Council shall consist of representatives of the Ministry of Finance, Ministry of Industry and Commerce, Ministry of Urban Development, Ministry of Consumer Affairs, Ministry of Corporate Affairs, Ministry of Law and Justice, Niti Aayog, National Housing Bank, Housing and Urban Development Corporation, five representatives of State Governments to be selected by rotation, five representatives of the Real Estate Regulatory Authorities to be

S.42 Functions of Central Advisory Council.

(1) The functions of the Central Advisory Council shall be to advise and recommend the Central Government,—

(a) on all matters concerning the implementation of this Act;

(b) on major questions of policy;

(d) to foster the growth and development of the real estate sector;

(e) on any other matter as may be assigned to it by the Central Government.

(2) The Centr

S.44 Application for settlement of disputes and appeals to Appellate Tribunal.

(1) The appropriate Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal.

(2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the adjudicating officer is received by the appropriate Government or the competent authority or the aggrieved person and it shall be in such form and accompanied by such fee, as may be prescribed:

Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filling it within that period.

S.45 Composition of Appellate Tribunal.

The Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members of which one shall be a Judicial member and other shall be a Technical or Administrative Member, to be appointed by the appropriate Government.

Explanation.—For the purposes of this Chapter,—

(i) "Judicial Member" means a Member of the Appellate Tribunal appointed as such under clause (b) of sub-section (1) of section 46;

(ii) "Technical or Administrative Member" means a Member of the Appellate Tribunal appointed as such under clause (c) of sub-section (1) of section 46.

S.46 Qualifications for appointment of Chairperson and Members.

(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,—

(a) in the case of Chairperson, is or has been a Judge of a High Court; and

(b) in the case of a Judicial Member he has held a judicial office in the territory of India for at least fifteen years or has been a member of the Indian Legal Service and has held the post of Additional Secretary of that service or any equivalent post, or has been an advocate for at least twenty years with experience in dealing with real estate matters; and

S.47 Term of office of Chairperson and Members.

(1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall hold office, as such for a term not exceeding five years from the date on which he enters upon his office, but shall not be eligible for re-appointment:

Provided that in case a person, who is or has been a Judge of a High Court, has been appointed as Chairperson of the Tribunal, he shall not hold office after he has attained the age of sixty-seven years:

Provided further that no Judicial Member or Technical or Administrative Member shall hold office after he has attained the age of sixty-five years.

(2) Before appointing any person as Chairperson or Member, the appropriate Government shall satisfy itself that the person does not have any such financial or other interest, as is likel

S.48 Salary and allowances payable to Chairperson and Members.

(2) Notwithstanding anything contained in sub-sections (1) and (2) of section 47, the Chairperson or a Member, as the case may be, may:—

(a) relinquish his office by giving in writing to the appropriate Government a notice of not less than three months;

(b) be removed from his office in accordance with the provisions of section 49.

(3) A vacancy caused to the office of the Chairperson or any other

S.49 Removal of Chairperson and Member from office in certain circumstances.

(1) The appropriate Government may, in consultation with the Chief Justice of the High Court, remove from office of the Chairperson or any Judicial Member or Technical or Administrative Member of the Appellate Tribunal, who—

(a) has been adjudged as an insolvent; or

(b) has been convicted of an offence which, in the opinion of the appropriate Government involves moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or

S.50 Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office.

(1) The Chairperson or Judicial Member or Technical or Administrative Member, ceasing to hold office as such shall not:—

Provided that nothing contained in this clause shall apply to any employment under the appropriate Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government Company as defined under clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), which is not a promoter as per the provisions of this Act;

(1) The appropriate Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.

(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson.

(3) The salary and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal shall be such as may be prescribed.

S.52 Vacancies.

If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.

S.53 Powers of Tribunal.

(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice.

(2) Subject to the provisions of this Act, the Appellate Tribunal shall have power to regulate its own procedure.

(3) The Appellate Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872 (1 of 1872).

(4) The Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:---

(a) summo

S.54 Administrative powers of Chairperson of Appellate Tribunal.

The Chairperson shall have powers of general superintendence and direction in the conduct of the affairs of Appellate Tribunal and he shall, in addition to presiding over the meetings of the Appellate Tribunal, exercise and discharge such administrative powers and functions of the Appellate Tribunal as may be prescribed.

S.55 Vacancies, etc., not to invalidate proceeding of Appellate Tribunal.

No act or proceeding of the Appellate Tribunal shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Appellate Tribunal; or

(b) any defect in the appointment of a person acting as a Member of the Appellate Tribunal; or

S.56 Right to legal representation.

The applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be.

Explanation—For the purposes of this section,—

(a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;

(b) "company secretary" means a company secretary as defined in clause (c

S.57 Orders passed by Appellate Tribunal to be executable as a decree.

(1) Every order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.

(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court.

S.59 Punishment for nonregistration under section 3.

(1) If any promoter contravenes the provisions of section 3, he shall be liable to a penalty which may extend up to ten per cent. of the estimated cost of the real estate project as determined by the Authority.

(2) If any promoter does not comply with the orders, decisions or directions issued under sub-section (1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent. of the estimated cost of the real estate project, or with both.

S.60 Penalty for contravention of section 4.

If any promoter provides false information or contravenes the provisions of section 4, he shall be liable to a penalty which may extend up to five per cent. of the estimated cost of the real estate project, as determined by the Authority.

S.61 Penalty for contravention of other provisions of this Act.

If any promoter contravenes any other provisions of this Act, other than that provided under section 3 or section 4, or the rules or regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent. of the estimated cost of the real estate project as determined by the Authority.

S.62 Penalty for nonregistration and contravention under sections 9 and 10.

If any real estate agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent. of the cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.

S.63 Penalty for failure to comply with orders of Authority by promoter.

If any promoter, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the real estate project as determined by the Authority.

S.64 Penalty for failure to comply with orders of Appellate Tribunal by promoter.

If any promoter, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to three years or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of the real estate project, or with both.

S.65 Penalty for failure to comply with orders of Authority by real estate agent.

If any real estate agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated and as determined by the Authority.

S.66 Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.

If any real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated, or with both.

S.67 Penalty for failure to comply with orders of Authority by allottee.

If any allottee, who fails to comply with, or contravenes any of the orders, decisions or directions of the Authority he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to five per cent. of the plot, apartment or building cost, as the case may be, as determined by the Authority.

S.68 Penalty for failure to comply with orders of Appellate Tribunal by allottee.

If any allottee, who fails to comply with, or contravenes any of the orders or directions of the Appellate Tribunal, as the case may be, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the plot, apartment or building cost, as the case may be, or with both.

S.69 Offences by companies.

(1) Where an Offence under this Act has been committed by a company, every person who, at the time, the offence was committed was in charge of, or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section, shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent o

S.70 Compounding of offences.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), if any person is punished with imprisonment under this Act, the punishment may, either before or after the institution of the prosecution, be compounded by the court on such terms and conditions and on payment of such sums as may be prescribed:

Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded.

S.71 Power to adjudicate.

(1) For the purpose of adjudging compensation under sections 12, 14, 18 and section 19, the Authority shall appoint, in consultation with the appropriate Government, one or more judicial officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard:

Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes Redressal Commission or the National Consumer Redressal Commission, established under section 9 of the Consumer Protection Act, 1986 (68 of 1986), on or before the commencement of this Act, he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending befo

S.72 Factors to be taken into account by the adjudicating officer.

While adjudging the quantum of compensation or interest, as the case may be, under section 71, the adjudicating officer shall have due regard to the following factors, namely:—

(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;

(b) the amount of loss caused as a result of the default;

(d) such other factors which the adjudicating officer considers necessary to the case in furtherance of justice.

S.73 Grants and loans by Central Government.

The Central Government may, after due appropriation made by Parliament in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary.

S.74 Grants and loans by State Government.

The State Government may, after due appropriation made by State Legislature by law in this behalf, make to the Authority, grants and loans of such sums of money as the State Government may think fit for being utilised for the purposes of this Act.

S.75 Constitution of Fund.

(1) The appropriate Government shall constitute a fund to be called the 'Real Estate Regulatory Fund' and there shall be credited thereto,—

(a) all Government grants received by the Authority;

(b) the fees received under this Act;

(2) The Fund shall be applied for meeting—

(a) the salaries and allowances payable to the Chairperson and other Members, the adjudicating officer and the administrative expenses includi

S.76 Crediting sums realised by way of penalties to Consolidated Fund of India or State account.

(1) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the Authority, in the Union territories, shall be credited to the Consolidated Fund of India.

(2) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the Authority, in a State, shall be credited to such account as the State Government may specify.

S.77 Budget, accounts and audit.

(1) The Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the appropriate Government in consultation with the Comptroller and Auditor General of India.

(2) The accounts of the Authority shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor General of India.

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor General generally ha

S.78 Annual report.

(1) The Authority shall prepare once in every year, in such form and at such time as may be prescribed by the appropriate Government,—

(a) a description of all the activities of the Authority for the previous year;

(b) the annual accounts for the previous year; and

(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament or, as the case may be, before the State Legislature or the Union Territory Legislature, where it consists of two Houses, or where such legi

S.79 Bar of jurisdiction.

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

S.80 Cognizance of offences.

(1) No court shall take cognizance of any offence punishable under this Act or the rules or regulations made thereunder save on a complaint in writing made by the Authority or by any officer of the Authority duly authorised by it for this purpose.

(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

S.81 Delegation.

The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to make regulations under section 85), as it may deem necessary.

S.82 Power of appropriate Government to supersede Authority.

(1) If, at any time, the appropriate Government is of the opinion,---

(a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or

(b) that the Authority has persistently defaulted in complying with any direction given by the appropriate Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has suffered; or

S.83 Powers of appropriate Government to issue directions to Authority and obtain reports and returns.

(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers and in performance of its functions under this Act, be bound by such directions on questions of policy, as the appropriate Government may give in writing to it from time to time:

Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.

(2) If any dispute arises between the appropriate Government and the Authority as to whether a question is or is not a question of policy, the decision of the appropriate Government thereon shall be final.

(3) The Authority shall furnish to the appropriate Government such returns or other information with respect to its activities as

S.84 Power of appropriate Government to make rules.

(1) The appropriate Government shall, within a period of six months of the commencement of this Act, by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---

¹[(a) the form, time and manner of making application and fees payable therewith under sub-section (1) of section 4;

(ab) information and documents for application to the Authority for registration under clause (m) of sub-section (2) of section 4;

(1) The Authority shall, within a period of three months of its establishment, by notification, make regulations, consistent with this Act and the rules made thereunder to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:---

¹**(1) Every rule made by the Central Government, every regulation made by the Authority under the Union territory of Delhi and the Union territories without Legislature and every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modi

S.87 Members, etc., to be public servants.

The Chairperson, Members and other officers and employees of the Authority, and the Appellate Tribunal and the adjudicating officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

S.88 Application of other laws not barred.

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

S.89 Act to have overriding effect.

The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

S.90 Protection of action taken in good faith.

No suit, prosecution or other legal proceedings shall lie against the appropriate Government or the Authority or any officer of the appropriate Government or any member, officer or other employees of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

S.91 Power to remove difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

S.92 Repeal.

The Maharashtra Housing (Regulation and Development) Act, 2012 (Maharashtra Act No. II of 2014) is hereby repealed.

S.1 Short title, extent and commencement.

(1) This Act may be called the Real Estate (Regulation and Development) Act, 2016.

(2) It extends to the whole of India except the State of Jammu and Kashmir^*.

(3) It shall come into force on such date¹ as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

S.2 Definitions.

In this Act, unless the context otherwise requires,---

(a) "adjudicating officer" means the adjudicating officer appointed under sub-section (1) of section 71;

(b) "advertisement" means any document described or issued as advertisement through any medium and includes any notice, circular or other documents or publicity in any form, informing persons about a real estate project, or offering for sale of a plot, building or apartment or inviting persons to purchase in any manner such plot, building or apartment or to make advances or deposits for such purposes;

S.3 Prior registration of real estate project with Real Estate Regulatory Authority.

(1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act:

Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act:

Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with

S.4 Application for registration of real estate projects.

(1) Every promoter shall make an application to the Authority for registration of the real estate project in such form, manner, within such time and accompanied by such fee as may be ¹ [prescribed].

(2) The promoter shall enclose the following documents along with the application referred to in sub-section (1), namely:—

(a) a brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies, competent authority), and the particulars of registration, and the names and photographs of the promoter;

(b) a brief detail of the projects launched by him, in the past five years, whether already completed or bei

S.5 Grant of registration.

(1) On receipt of the application under sub-section (1) of section 4, the Authority shall within a period of thirty days.

(a) grant registration subject to the provisions of this Act and the rules and regulations made thereunder, and provide a registration number, including a Login Id and password to the applicant for accessing the website of the Authority and to create his web page and to fill therein the details of the proposed project; or

(b) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of this Act or the rules or regulations made thereunder:

Provided that no

S.6 Extension of registration.

S.7 Revocation of registration.

(1) The Authority may, on receipt of a complaint or suomotu in this behalf or on the recommendation of the competent authority, revoke the registration granted under section 5, after being satisfied that---

(a) the promoter makes default in doing anything required by or under this Act or the rules or the regulations made thereunder;

(b) the promoter violates any of the terms or conditions of the approval given by the competent authority;

Explanation. --- For the purposes of this clause, the term "unfair p

S.8 Obligation of Authority consequent upon lapse of or on revocation of registration.

Upon lapse of the registration or on revocation of the registration under this Act, the Authority, may consult the appropriate Government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority:

Provided that no direction, decision or order of the Authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this Act:

Provided further that in case of revocation of registration of a project under this Act, the association of allottees shall have the first right of refusal for carrying out of the remaining development works.

S.9 Registration of real estate agents.

(1) No real estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being the part of the real estate project registered under section 3, being sold by the promoter in any planning area, without obtaining registration under this section.

(2) Every real estate agent shall make an application to the Authority for registration in such form, manner, within such time and accompanied by such fee and documents as may be prescribed.

(3) The Authority shall, within such period, in such manner and upon satisfying itself of the fulfilment of such conditions, as may be prescribed—

(a) gr

S.10 Functions of real estate agents.

Every real estate agent registered under section 9 shall—

(a) not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the Authority;

(b) maintain and preserve such books of account, records and documents as may be prescribed;

(i) the practice of making any statement, whether orally or in writing or by visib

S.11 Functions and duties of promoter.

(1) The promoter shall, upon receiving his Login Id and password under clause (a) of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web page on the website of the Authority and enter all details of the proposed project as provided under sub-section (2) of section 4, in all the fields as provided, for public viewing, including--

(a) details of the registration granted by the Authority;

(b) quarterly up-to-date the list of number and types of apartments or plots, as the case may be, booked;

Where any person makes an advance or a deposit on the basis of the information contained in the notice, advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter in the manner as provided under this Act:

Provided that if the person affected by such incorrect, false statement contained in the notice, advertisement or prospectus, or the model apartment, plot or building as the case may be, intends to withdraw from the proposed project, he shall be returned his entire investment along with interest at such rate as may be prescribed and the compensation in the manner provided under this Act.

S.13 No deposit or advance to be taken by promoter without first entering into agreement for sale.

(1) A promoter shall not accept a sum more than ten per cent. of the cost of the apartment, plot, or building as the case may be, as an advance payment or an application fee, from a person without first entering into a written agreement for sale with such person and register the said agreement for sale, under any law for the time being in force.

(2) The agreement for sale referred to in sub-section (1) shall be in such form as may be prescribed and shall specify the particulars of development of the project including the construction of building and apartments, along with specifications and internal development works and external development works, the dates and the manner by which payments towards the cost of the apartment, plot, or building, as the case may be, are to be made by the allottees and the date on which the possession of the apartment, plot or building is to be handed

S.14 Adherence to sanctioned plans and project specifications by the promoter.

(1) The proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities.

(2) Notwithstanding anything contained in any law, contract or agreement, after the sanctioned plans, layout plans and specifications and the nature of the fixtures, fittings, amenities and common areas, of the apartment, plot or building, as the case may be, as approved by the competent authority, are disclosed or furnished to the person who agree to take one or more of the said apartment, plot or building, as the case may be, the promoter shall not make—

(i) any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described

S.15 Obligations of promoter in case of transfer of a real estate project to a third party.

(1) The promoter shall not transfer or assign his majority rights and liabilities in respect of a real estate project to a third party without obtaining prior written consent from two-third allottees, except the promoter, and without the prior written approval of the Authority:

Provided that such transfer or assignment shall not affect the allotment or sale of the apartments, plots or buildings as the case may be, in the real estate project made by the erstwhile promoter.

Explanation.— For the purpose of this sub-section, the allottee, irrespective of the number of apartments or plots, as the case may be, booked by him or booked in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, by whatever name called, booked in its name

S.16 Obligations of promoter regarding insurance of real estate project.

(1) The promoter shall obtain all such insurances as may be notified by the appropriate Government, including but not limited to insurance in respect of —

(i) title of the land and building as a part of the real estate project; and

(ii) construction of the real estate project.

(2) The promoter shall be liable to pay the premium and charges in respect of the insurance specified in sub-section (1) and shall pay the same before transferring the insurance to the association of the allottees.

(3) The insurance as specified under sub-section (1) shall stand transferred to the benefit of the allottee or the association of allott

S.17 Transfer of title.

(1) The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent authority, as the case may be, and hand over the physical possession of the plot, apartment of building, as the case may be, to the allottees and the common areas to the association of the allottees or the competent authority, as the case may be, in a real estate project, and the other title documents pertaining thereto within specified period as per sanctioned plans as provided under the local laws:

Provided that, in the absence of any local law, conveyance deed in favour of the allottee or the association of the allottees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from date of issue of occup

S.18 Return of amount and compensation.

(1) If the promoter fails to complete or is unable to give possession of an apartment, plot or building,—

(a) in accordance with the terms of the agreement for sale or, as the case may be, duly completed by the date specified therein; or

(b) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act or for any other reason,

he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the

S.19 Rights and duties of allottees.

(1) The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans along with the specifications, approved by the competent authority and such other information as provided in this Act or the rules and regulations made thereunder or the agreement for sale signed with the promoter.

(2) The allottee shall be entitled to know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services as agreed to between the promoter and the allottee in accordance with the terms and conditions of the agreement for sale.

(3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as

S.43 Establishment of Real Estate Appellate Tribunal.

(1) The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Appellate Tribunal to be known as the-- (name of the State/Union territory) Real Estate Appellate Tribunal.

(2) The appropriate Government may, if it deems necessary, establish one or more benches of the Appellate Tribunal, for various jurisdictions, in the State or Union territory, as the case may be.

(3) Every bench of the Appellate Tribunal shall consist of at least one Judicial Member and one Administrative or Technical Member.

(4) The appropriate Government of two or more States or Union territories may, if it deems fit, establish one single Appellate Tribunal:

Prov

Legal Commentary on Real Estate (Regulation and Development) Act, 2016 - Section 43

Introduction

Section 43 of the Real Estate (Regulation and Development) Act, 2016, pertains to the establishment, composition, and functioning of the Real Estate Appellate Tribunal (REAT). Crucially, subsection (5) establishes a rigid procedural hurdle for promoters seeking to challenge orders passed by the Regulatory Authority or Adjudicating Officer, mandating a financial pre-deposit to maintain an appeal. This commentary analyzes the statutory text, judicial interpretation regarding the nature of the deposit, constitutional validity, and procedural consequences of non-compliance.

What Does Section 43 Say?

Section 43 lays down the framework for the Real Estate Appellate Tribunal, requiring the Appropriate Government to establish it within one year of the Act's commencement. Subsection (5) specifically addresses the mechanism for appeals by promoters, stating that an appeal shall not be entertained unless the promoter first deposits a specific percentage of the penalty or the total amount payable to allottees with the Tribunal. The provision distinguishes between penalties (where a minimum 30% deposit is statutory) and compensation/refunds (where the total amount is often required), though judicial interpretation has clarified nuances in these calculations.

Essential Ingredients

To successfully invoke the right of appeal under Section 43(5), the following ingredients are essential:* Proper Appellant Status: The appellant must technically fall under the definition of a "promoter" as defined in Section 2(zk) of the Act.* Prior Adjudication: There must be a final or interlocutory order passed by the Regulatory Authority or an Adjudicating Officer.* Specific Pre-deposit: Before the appeal is entertained, the appellant must deposit a substantial sum with the Tribunal.* No Alternative Security: Generally, the law mandates cash deposits rather than the provision of bank guarantees or other securities unless explicitly waived in rare instances (which is heavily contested).* Registration of Project: The project in question must generally be a "real estate project" falling under the purview of the Act, unless exempted (e.g., fully completed projects with occupancy certificates).

Scope of Section

The scope of Section 43 extends to various facets of dispute resolution in the real estate sector:* Mandatory for Promoters: The pre-deposit is a mandatory condition precedent specifically targeting promoters, distinguishing them from allottees.* Protection of Consumers: The proviso acts as a security mechanism to ensure that if an appeal is frivolous, the consumer's awarded funds are largely secured.* Jurisdictional Limitations: The High Court's jurisdiction to interfere via Writs is largely negated by the existence of this statutory appeal mechanism, except in cases of genuine hardship or arbitrary state failure to establish the Tribunal.* Clarity on Amount: While the statute mentions "30%" for penalties, courts have ruled that for compensation or amounts to be refunded, the deposit requirement is often stricter, sometimes mandating the full amount, though recent High Court rulings allow for 30% even in compensation cases under specific interpretations of Supreme Court law.

Punishment for Section

While Section 43 itself does not prescribe a specific "fine" for failing to pay, the consequence of non-compliance is severe procedural dismissal:* Automatic Dismissal: The primary penalty is the dismissal of the appeal in limine (at the threshold) before it can be heard on merits.* No Merits Consideration: Courts have consistently held that the Appellate Tribunal lacks jurisdiction to consider the merits of the case without the pre-deposit, making the remedy illusory if ignored.* Rebuttal Unlikely: It is difficult to argue that financial hardship or the technical daft of the order warrants a waiver; the obligation is viewed as a non-derogable class obligation for promoters.* No Substitution: Promoters generally cannot substitute the cash deposit with a bank guarantee to maintain the appeal, as the statute implies a strict monetary deposit to secure the specific sum awarded.

Legal Comments

"Promoter" Status - Only persons defined under Section 2(zk), such as builders or landowners with significant profit shares, are liable for the pre-deposit; mere contractors or non-promoters may not be required to deposit. [Source Rajiv Nahar Son Of Kantilalji Nahar vs C. Gopakumar]
"Pre-Deposit" Mandate - The requirement to deposit money before hearing an appeal is a strict condition precedent that cannot be waived by the Tribunal in ordinary circumstances. [Source Radicon Infrastructure and Housing Private Limited VS Dhaneshwari Devi Dhyani]
"Bank Guarantee" Exemption - There is no provision in the Act to substitute the mandatory cash pre-deposit with a bank guarantee or security, reinforcing the protective intent of the statute. [Source Cordial Foundation Pvt. Ltd., Represented By Its Executive Director N. Vijayen Unnithan, S/o. Late R. Parameswaran Nair vs Purushothama Bharathi, S/o. Late Mathew M. Kuzhiveli]
"Compensation" vs "Penalty" - While the Act specifies 30% for penalties, judicial trends and recent High Court rulings (following Supreme Court precedents) suggest that 30% may suffice even for compensation awards in certain contexts, though the total amount is often demanded. [Source Nesh India Infrastructure Pvt. Ltd. Son of Late Chandrika Prasad vs State of Bihar through the Principal Secretary, Urban Development and Housing Department]
"Tribunal Composition" - For an appeal to be valid, the Appellate Tribunal must function with the prescribed composition of a Judicial Member and an Administrative/Technical Member; hearings by a sole member are without jurisdiction. [Source G. S. Enterprises, Indore VS Yogesh Agrawal]
"Constitutional Validity" - The Supreme Court has upheld the constitutional validity of Section 43(5), rejecting arguments that the pre-deposit renders the remedy illusory or violates Article 14. [Source Lotus Realtech Pvt. Ltd. VS State of Haryana]
"Financial Hardship" - A mere claim of financial crisis or inability to pay is not a recognized ground for the High Court to grant a stay or waive the pre-deposit under Article 226. [Source Mohan Singh VS Haryana Real Estate Regulatory Authority, Gurugram]
"Genuine Hardship" Exception - While generally strict, some High Courts have reserved liberty to intervene via Writ proceedings only in "exceptional cases" of genuine, provable hardship where the statute offers no discretion. [Source Vibhor Vaibhav Infrahomes Pvt. Ltd. VS Union Of India]
"State Autonomy" Failure - If the State Government fails to establish the Tribunal within one year or maintains it inadequately (lack of funds/staff), the High Court has intervened to direct the State to functionalize it. [Source Bimalendu Pradhan VS State Of Odisha]
"Return of Deposit" - A pre-deposit is not treated as a fine; upon the resolution of the appeal, the deposit must be refunded, either fully or proportionately to the outcome. [Source Confident Projects India (P) Ltd Vs The Kerala Real Estate Appellate Tribunal]
"Delay Condonation" - Applications to condone delay in filing an appeal must also be handled by a validly constituted Tribunal (Judicial + Administrative members), not a single member acting alone. [Source Man Global Limited VS Bharat Prakash Joukani]
"Interim Orders" - The existence of an alternative statutory remedy under Section 43(5) usually precludes the High Court from issuing interim injunctions against RERA orders under Article 226. [Source K. G. Foundations (P) Ltd. , Re. by its Authorised Representative/Assistant Manager Mr. Mahendra Chug, Chennai VS V. Gnanasambandam]
"Lack of Representation" - If the authority passes an order based on a sole member's opinion without establishing benches for complaints, such an order may be challenged as coram non judice unless the Act explicitly allows single-member adjudication (which Section 43 distinguishes from Section 21). [Source Psa Impex Pvt. Ltd. VS Satbir Singh]
"Retroactive Application" - The Act is retrospective in its operation regarding ongoing projects, compelling promoters to comply with pre-deposit norms even for complaints arising before the Act. [Source NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. VS STATE OF U. P. ]
"Designated Tribunal" - Orders passed by a "Designated Appellate Tribunal" established provisionally before the full Tribunal is set up remain valid and hold jurisdiction. [Source Radicon Infrastructure and Housing Private Limited VS Dhaneshwari Devi Dhyani]
"Refusal of Appeal" - If the pre-deposit is not made, the Appellate Tribunal is legally barred from entertaining the appeal or proceeding to pass any order on the merits of the controversy. [Source Chabi Bhoralee, W/o. Late Pranjal Kumar Bhoralee vs Real Estate Regulatory Authority, Rep. By Registrar]
"Consumer Protection" The entire architecture of the deposit requirement is interpreted by courts as a non-negotiable mechanism to protect the financial interests and secured rights of home buyers (allottees). [Source Ansal Prop & Infrastructure Ltd. VS Union of India]

S.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 Trib

Legal Comments - Real Estate (Regulation and Development) Act, 2016 – Section 58

"Section 58 - Appeal to High Court" - Section 58 provides for appeals to the High Court against decisions/orders of the Real Estate Appellate Tribunal (REAT). The provision contemplates a separate appellate track; it is not framed as a Second Appeal under CPC and the RT is not a decree, enabling a distinct High Court remedy. [("Supertech Ltd. VS Subrat Sen"), ("Khilla Colonizers Pvt. Ltd. VS Subhash Jain"), ("Chandra Prabha Lal VS Hem Developers Pvt. Ltd. ")]
"Not a Second Appeal under CPC" - Several sources note that Section 58 appeals are not second appeals under Section 100 CPC, and the Appellate Tribunal's order is not a decree (CPC 2(2)). This affects court-fee treatment and maintainability. [("Supertech Ltd. VS Subrat Sen"), ("Khilla Colonizers Pvt. Ltd. VS Subhash Jain"), ("Chandra Prabha Lal VS Hem Developers Pvt. Ltd. ")]
"Maintenance of Miscellaneous Appeals" - Courts have permitted Miscellaneous Appeals against RERA orders, recognizing that the appellate order is an order simplicitor, not a decree, permitting bypass of CPC second-appeal constraints in appropriate cases. [("Chandra Prabha Lal VS Hem Developers Pvt. Ltd. "), ("Khilla Colonizers Pvt. Ltd. VS Subhash Jain")]
"Court Fees on Section 58 Appeal" - The fixed court fee regime applies to Section 58 appeals (e.g., Rs. 15 fixed fee or Rs. 5 in some contexts), not ad-valorem CPC fees, since Section 58 appeals are not CPC decrees. [("Chandra Prabha Lal VS Hem Developers Pvt. Ltd. "), ("Supertech Ltd. VS Subrat Sen")]
"Locus Standi and Maintenability" - Jurisdictional questions around who may file under Section 58 (landowners/allottees/promoters) and whether the promoter can sustain or be obliged to deposit pre-deposits under certain sub-provisions are addressed in various judgments. [("Yogesh Keshav Bele VS Maharashtra Real Estate Regulatory Authority"), ("0210015558?"; see sources referencing locus and promoter definitions, e.g., "Air Force Naval Housing Board Air Force Station VS U. P. Real Estate Regulatory Authority")]
"Condonation of Delay under Section 58" - Courts routinely apply Indian Limitation Act principles to condone delays in filing Section 58 appeals, including liberal/multifactor considerations and noting interests of justice; delay condonation can be granted to hear merits. [("S.J.Developers & Housing Pvt. Ltd. vs Secretary, Odisha Real Estate Regulatory Authority"), ("Arundhati Infratech Pvt.Ltd. Bhubaneswar vs Ashutosh Panda"), ("U. P. Avas Evam Vikas Parishad,Lko. Thru. Housing Commissioner VS Manju Singh"), ("U. P. Avas Evam Vikas Parishad Thru. Its Housing Commissioner VS Savita Kashyap"), ("Lko. Development Authority Lko. Thru. Authorized Signatory Rohit Singh vs Sushma Shukla")]
"Effect of Delay in Possession – Section 18 and 19 Remedial Scheme" - A core theme is the allottee's statutory right to compensation/interest for delayed possession under Section 18 (and related sections like 19) of RERA, which cannot be contractually waived by private settlements. Section 58 appeals often challenge or defend such awards. [("Lko. Development Authority Lko. Thru. Authorized Signatory Rohit Singh vs Sushma Shukla"), ("Satyam Developers VS Sama Mohamad Sharif Dalvi"), ("021001547?"; multiple sources such as "Graceland Foundation VS Kerala Real Estate Regulatory Authority" and "02100113952" discuss Section 18 interests and penalties]
"Interplay with Section 43(5) pre-deposit" - Appellate Tribunals/Authorities may require deposit under Section 43(5) before entertaining appeals; the proviso imposes a 30%/total-deposit regime depending on the nature of the order, and this has been a frequent issue on Section 58 appeals. [("025001015?"; see "U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi", "Khilla Colonizers Pvt. Ltd. VS Subhash Jain", "Sanvo Resorts Pvt. Ltd. VS Shital Nilesh Deshmukh"), ("Supertech Ltd. VS Subrat Sen")]
"Ongoing Projects and RERA Jurisdiction" - Courts affirm RERA jurisdiction over ongoing projects ( commencing before Act yet not complete or completion-certified) and bar civil courts from entertaining such disputes under Section 79, reinforcing exclusive adjudicatory channels. [("Col. C. M. Unnithan VS Army Welfare Housing Organisation (AWHO), Rep. by its Managing Director, New Delhi"), ("Tanu Construction through Proprietor Shri Devtanu Chakravarti VS Nand Kishore Patel, S/o Khirsagar Patel"), ("Jaiprakash Associates Limited VS Deepti Kumar")]
"No Decree Status of Appellate Tribunal Order" - The view that Appellate Tribunal orders are not decrees for purposes of CPC 2(2) underpins why Section 58 appeals proceed via High Court as a separate route. [("Khilla Colonizers Pvt. Ltd. VS Subhash Jain"), ("Chandra Prabha Lal VS Hem Developers Pvt. Ltd. "), ("Supertech Ltd. VS Subrat Sen")]
"Grounds of Substantial Questions of Law" - For Second Appeals under CPC in Section 58 contexts, substantial questions of law must be framed; however, Section 58 appeals themselves are not CPC second appeals, reducing the direct applicability of Sec. 100 CPC standards. [("P. V. Nidhishaged, S/o. P. V. Chandran VS Sivaprakash, S/o. Krishnan"), ("Supertech Ltd. VS Subrat Sen"), ("Army Welfare Housing Organization (AWHO), rep. by its Managing Director, New Delhi VS Commander N. Koteeswar")]
"Maintainability of Miscellaneous Applications in TN/UP/ kerala contexts" - Courts in Tamil Nadu, Kerala, Uttar Pradesh, and Maharashtra have entertained miscell. applications or remand issues to Tribunals where natural justice or procedure were at stake, signaling flexibility in Section 58 proceedings. [("Col. C. M. Unnithan VS Army Welfare Housing Organisation (AWHO), Rep. by its Managing Director, New Delhi"), ("P. V. Nidhishaged, S/o. P. V. Chandran VS Sivaprakash, S/o. Krishnan"), ("Ratan Buildtech Pvt. Ltd., through its Practicing Company Secretary Mr. Alakh Pandey vs Anil Kumar"), ("U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi"), ("Yogesh Keshav Bele VS Maharashtra Real Estate Regulatory Authority")]
"Commingling Consumer Protection Act considerations" - Some decisions discuss interplay with consumer-protection frameworks (e.g., CP Act, 2019) when choosing remedies across concurrent forums, clarifying that selection of one remedy forecloses concurrent actions for the same cause of action. [("Kabra and Associates VS Rekha Rajkumar Hemdev")]
"Interest/Compensation Determination – Section 18(1) vs Private Agreements" - Courts reiterate that statutory interest under Section 18(1) cannot be contracted away by private agreements; private settlements cannot negate statutory rights, and authorities may enforce statutory entitlements. [("Lko. Development Authority Lko. Thru. Authorized Signatory Rohit Singh vs Sushma Shukla"), ("Rise Project Private Limited VS Municipal Corporation, Faridabad"), ("Unnikrishnan Chandran Pillai VS Tata Reality Infrastructure Ltd. ")]
"Relevance of Definitions – Allottee vs Promoter" - The terms 'allottee' and 'promoter' under Sections 2(d) and 2(zk) are central to who may file/defend/suffer remedies; joint-venture contexts often require conveyance deeds to be registered in favor of the allottee. [("Cordial Foundation Pvt. Ltd. , Represented By Its Executive Director N. Vijayan Unnithan VS Purushothama Bharathi, S/o. Late Mathew M Kuzhiveli"), ("P. V. Nidhishaged, S/o. P. V. Chandran VS Sivaprakash, S/o. Krishnan")]
"Binding Nature of Regulations and Rules" - Courts examine the consistency of state Rules/Regulations with the Act (e.g., Rule 18/36 in Rules of 2018, Regulations under Bihar/Maharashtra) and uphold necessity of regulatory compliance as per RERA. [("NBCC (India) Limited VS Joshy Varghese, S/o. George"), ("Gwalior Development Authority VS Nagrik Sahakari Bank Maryadit, Gwalior"), ("Real Estate Regulatory Authority, rep. by its Chairperson, Thalaimuthu Natarajan Maligai vs S.M. Syed Abdul Khader Mutawalli, S.M.M. Mohideen Wakf Alal Aulad")]
"Remedial Scheme – Refund vs Interest vs Penalty" - The Act provides a spectrum: refunds of deposits, interest on default, and penalties; appellate outcomes must align with statutory schema, with penalties requiring deposit under the proviso to Section 43(5). [("Bipul Bharali S/o Late Madhab Bharali VS Prasanta Das S/o Late Kiran Ch. Das"), ("U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi"), ("Supertech Ltd. VS Subrat Sen"), ("Satyam Developers VS Sama Mohamad Sharif Dalvi")]
"Role of Appellate Tribunal – Criteria for Restoration/Misc. Applications" - Tribunals’ handling of restoration/misc. documents and hard-copy filings has been scrutinized; courts often remand or allow restoration under strict terms if justice demands, highlighting procedural emphasis in Section 58 matters. [("00400071391"), ("Army Welfare Housing Organization (AWHO), rep. by its Managing Director, New Delhi VS Commander N. Koteeswar"), ("Sanvo Resorts Pvt. Ltd. VS Shital Nilesh Deshmukh")]
"Court's Discretion under Writ Jurisdiction" - High Courts retain discretionary powers under Article 226/227 to entertain Section 58 petitions where urgent/fairness-oriented reasons justify intervening where Appellate Tribunals are non-functional or where extraordinary circumstances exist. [("Saurav Kumar Sharma VS State Of Bihar"), ("Chandra Prabha Lal VS Hem Developers Pvt. Ltd. ")]
"No Profit No Loss Entities and RERA Coverage" - Courts have held that even nonprofit entities cannot evade RERA's registration and compensation obligations; the Act covers all promoters regardless of profit motives. [("Army Welfare Housing Organisation(AWHO) vs Nagarajan Vasudeva Rao"), ("Army Welfare Housing Organisation(AWHO) vs Nagarajan Vasudeva Rao")]
"Time-bound Directions and Timelines" - Several judgments impose deadlines to finalize registration or to issue fresh orders, underscoring the temporal dimension in Section 58 disputes and the need for expeditious adjudication. [("Graceland Foundation VS Kerala Real Estate Regulatory Authority"), ("Army Welfare Housing Organisation(AWHO) vs Nagarajan Vasudeva Rao"), ("Gold Bricks Infrastructures Pvt. Ltd. Through Its Authorized Directors Shri Rakesh Saraogi VS Atit Agrawal, S/o. Satya Narayan Agrawal")]
"Interpretation of Section 58 with Related Provisions" - Courts frequently cross-reference 44(2), 44(5), 18, 19, 71, 72, 88, etc., to decide matter within the RERA framework, illustrating the interconnectedness of Sections 18, 19, 43, 71, 72, 58, and 100 CPC. [("Bipul Bharali S/o Late Madhab Bharali VS Prasanta Das S/o Late Kiran Ch. Das"), ("Lavasa Corporation Limited VS Jitendra Jagdish Tulsiani"), ("Army Welfare Housing Organization (AWHO), rep. by its Managing Director, New Delhi VS Commander N. Koteeswar")]
"Enforcement and Compliance Measures" - Courts may direct promoters/regulators to take specific actions (e.g., deposit, reconsideration of complaints, issue of new orders) to ensure compliance with RERA’s remedial regime. [("U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi"), ("Satyam Developers VS Sama Mohamad Sharif Dalvi"), ("Army Welfare Housing Organization (AWHO), rep. by its Managing Director, New Delhi VS Commander N. Koteeswar")]

Note: The above points synthesize conclusions and themes drawn from the listed sources regarding Section 58 of the Real Estate (Regulation and Development) Act, 2016. Where a source explicitly discusses a point, the reference is provided in brackets. If a point could not be corroborated directly in the provided sources, it has been omitted.