How to file Appeal before UP REAT against orders of UP RERA?

How to file appeal in UP Real Estate Appellate Tribunal (REAT)?

An appeal is challenging of an order of a lower court/ authority. Under the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) there are two levels of Appeals. The first appeal is filed before the Real Estate Appellate Tribunal (“REAT”). The second appeal against the order of REAT is filed before the High Court on substantial questions of law. REAT can examine the legality of orders passed by the RERA and Adjudicating Officers.

Any person aggrieved by any direction or order or decision of the (U.P. )Real Estate Regulatory Authority (RERA) or the adjudicating officer may prefer an appeal to the UP Real Estate Appellate Tribunal. This means that its not only parties in the complaint proceedings which can be allowed to file an appeal but any person, including a person who was not a party in original proceedings. Suppose a set of buyers got refund orders from a real estate project, but there is another set of buyers who want the project to be constructed. If the other group can demonstrate that refund will abrogate their right of getting possession of apartments, then they can also file an appeal. An appeal is available to even persons who were not even party either before the RERA Authority u.s. 31 or before the adjudicating officer u.s. 71 of the RERA Act. Once must file complaint within 60 days from the date of uploading of the order by the UPRERA in the complaint case.

What is UP Real Estate Appellate Tribunal (UP REAT)?

As per section 43(1) of the RERA Act 2016, every State Government has to establish Real Estate Appellate Tribunal in its state. RERA Appeall is filed under section 44(1) of the RERA Act 2016. The Appellate Tribunal consists of a Chairperson and two whole-time Members; one Judicial member and other a Technical or Administrative Member. The Chairperson has to be a serving or retired judge of a High Court. The Technical or Administrative Member are person chosen by the State Government who are considered to be well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least twenty years in the field or who has held the post in the Central Government, or a State Government equivalent to the post of Additional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Government.

The Uttar Pradesh Government had earlier on ad-hoc basis notified Uttar Pradesh Transport Appellate Tribunal to functional as Uttar Pradesh Real Estate Appellate Tribunal on 24.01.2018 vide notification no.1501/8-3-17-65 Vividh-16 T.C-1 Lucknow. On 22.09.2018 Uttar Pradesh Government has appointed Members/Chairman of Uttar Pradesh Real Estate Appellate Tribunal vide notification no. 1558/8-3-18-65 Vividh/16 T.C. Lucknow & 1559/8-3-18-65 Vividh/16 T.C. Lucknow. On 30.03.2019, permanent Uttar Pradesh Real Estate Appellate Tribunal was notified vide notification no.365/8-3-19-65 Vividh/16 T.C.-I Lucknow.

The procedure for filing the appeal is as under:

1. Read the E-filing Regulation 2021 available at UPREAT Website and by clicking here.
2. Obtain the certified copy of the order passed by the RERA or the Adjudicating Officer.
3. Draft the Memo of Appeal as per FORM-L under UP-RERA Rules. and as per the E-Filing Regulation 2021 as mentioned above in para-1.  
4. Register Yourself and follow the procedure given at the website https://efilingreat.up.gov.in/mainPage.in
5. Annexe to the Memo of Appeal at least the following documents:
   1. A true attested copy of the order against which the appeal is filed;
   2. Copies of the documents relied upon by the appellant and referred to in the appeal, which may include:
      1. Application form
      2. Sale Agreement
      3. Brochure of Project
      4. Payment Receipts
      5. Sanctioned plans
      6. News Reports etc.
      7. Other documents as may be decided by the advocate.
   3. Copy of the Complaint, reply and replication filed in the RERA.
   4. An index of the documents as per Form-B.
   5. Form A & B of the UP REAT Rules & Regulations 2019

4. File the appeal online on UPREAT efiling website as per the online filing instructions and e-filing Regulations 2021 available on the said website with a court fee of Rs. 1000/- through SBI Collect gateway as per the directions of REAT contained in the notice dated 14.10.2019. Pay the court fee before hand.
5. Keep the hard secured with for atleast two years for records. It is not required to filed in REAT.
6. The Copy is automatically served electronically over the email of the Respondent as per the amil provided by the Appellant. The Respondent is required to file reply against the Appeal before the first date of hearing.
7. The defects, if any are notified to the party/ advocate online as well as over email and mobile through SMS.
8. Always try to file the appeal within 60 days from the date of the upload of the order on UPRERA website as 60 days is the limitation of filing appeal under the RERA Act. If same is not done than file delay condonation application giving reasonable explanation for the delay of every day post 60 days.
9. On the first date of hearing the matter is usually heard for admission of the appeal and any interim relief. In case a builder has filed an appeal it has to desposit 100% of amount payable by it as per the RERA order as per section 43(5) of the RERA Act.
10. The appeal preferred is dealt with by UPREAT as expeditiously as possible and endeavour is made by it to dispose of the appeal within a period of sixty days from the date of receipt of an appeal.

The procedure of the UPREAT is governed as per the Uttar Pradesh Real State Appellate Tribunal (UP REAT) Rules & Regulations 2019 which may be accessed by clicking here for ready reference. Also download Form A , Form B and Form L.

It is important to draft and represent the appeal with the help of an experienced RERA Advocate in order to argue why the appeal must be allowed as per the prayer of the Appellant.  The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the RERA Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to disposing of such appeal and make such orders as it thinks fit. If any of the parties is not satisfied with the order of the UP RERA appellate tribunal a further appeal may be filed with the Hon’ble Allahabad High Court or its bench at Lucknow. It is important to note that the Appellate Tribunal consists of the administrative as well as judicial members. The Chairperson is an ex-High Court judge. The bench hearing an appeal must be of two members, one judicial and another administrative.

Execution of order of the REAT:

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

• Further, 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.

Appeal against the order of UP Real Estate Appellate Tribunal

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. A second appeal is entertained by the Hon’ble High Court only if:

• the High Court is satisfied that the case involves a substantial question of law.
• if the appellate decree is passed without the appearance of appellant.
• the memorandum of the second appeal should precisely state the substantial question of law involved in the appeal.
• where the High Court is satisfied that a substantial question of law is involved in any case, then before issuing notice it formulates that question.
• the second appeal is heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such a question.

If parties are not satisfied even with the order of the High Court, then as a matter of constitutional right they can approach the Hon’ble Supreme Court of India through Special Leave Petition.

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Basic Requirement of filing appeal; for BUYER

1. Check List- Form A
2. Index
3. Fee = 1000/- (D.D. or Online)
4. Delay Condonation Application support with affidavit (photo on affidavit), if appeal is being filed post 60 days from the date of the upload of the order on the UPRERA website.
5. Form L
6. Memo of Appeal (Rs. 10/- court fee)
7. Both parties email id & Whatsapp no.
8. Email id of Advocate
9. Pan No. of applicant
10. Aadhar No. of applicant
11. Certified copy of RERA order
12. Uploaded Proof
13. RERA online complaint copy
14. Annexure & Form B
15. Aadhar Card of Applicant
16. Vakalatnama (Rs. 10/- court fee + welfare ticket)

Basic Requirements of filing appeal; for PROMOTER

1. Check List- Form -A
2. Index
3. Fee = 1000/- (D.D. or Online)
4. Delay Condonation Application support with an affidavit (photo on affidavit), if delay
5. Compliance of Sec. 43(5) of the Act
6. C. A. Certificate, original
7. Form L
8. Memo of Appeal (Rs. 10/- court fee)
9. Both parties email id & Whatsapp no.
10. Email id of Advocate
11. Pan No. of company/competent authority
12. Aadhar No. of company/competent authority
13. Certified copy of RERA order
14. Uploaded Proof
15. RERA online complaint copy
16. Annexures & Form B
17. Board of Resolution, original
18. Aadhar Card of Applicant’s Authorized Person
19. Vakalatnama (Rs. 10/- court fee + welfare ticket)

DISCLAIMER: The Author is practising lawyer before UPREAT and above information is as per his practice experience. The author does not guarantee that the above information is up to date. A user/reader of should not construe above as advice of the advocate and must consult a REAT lawyer before acting on above write-up.