Short Answer

Yes, you can seek interim relief if the builder appeals your RERA order.

Detailed Explanation

Rule 24 of the Gujarat RERA Rules, 2017 allows for the provision of interim relief. This means that if a builder appeals against a RERA order, the affected party can approach the RERA Authority for interim relief during the pendency of the appeal. Interim relief is a temporary measure granted to prevent irreparable harm or loss to the party seeking relief.

In practice, if a builder files an appeal against a RERA order, the affected party can file an application for interim relief with the RERA Authority. The Authority will consider the circumstances of the case and may grant interim relief if it deems fit to do so. This relief could include measures such as stay orders, injunctions, or other appropriate remedies to protect the interests of the party seeking relief.

Real-world Scenarios

• Scenario 1: A homebuyer wins a case against a builder in RERA but the builder appeals the decision. The homebuyer can seek interim relief to prevent the builder from taking any actions that could harm the homebuyer's interests during the appeal process.

• Scenario 2: A builder is ordered to pay compensation to a homebuyer by RERA but challenges the order. The homebuyer can request interim relief to ensure that the builder complies with the compensation order until the appeal is resolved.

• Scenario 3: A developer is directed to complete a project within a specified timeline by RERA but contests the decision. The buyers can seek interim relief to ensure that the developer continues the project as per the original order until the appeal is decided.

Reference

• Rule 24 of the Gujarat RERA Rules, 2017

Official PDF: https://gujrera.gujarat.gov.in/