Short Answer

The RERA Appellate Tribunal has the authority to hear appeals against unsatisfactory decisions made by builders or authorities.

Detailed Explanation

Rule 44 of the Gujarat RERA Rules, 2017 empowers the RERA Appellate Tribunal to hear appeals against decisions made by the Real Estate Regulatory Authority (RERA) or the Adjudicating Officer. This means that if a homebuyer or a promoter is not satisfied with the decision of the builder or the authority, they can file an appeal before the Appellate Tribunal.

In practice, this provision ensures that aggrieved parties have a recourse mechanism to challenge decisions that they believe are unjust or incorrect. The Appellate Tribunal functions as a higher authority that reviews the decisions of the builder or the authority impartially and provides a platform for fair resolution of disputes.

For example, if a homebuyer feels that the builder has delayed the project without valid reasons and the RERA authority's decision is not in favor of the homebuyer, they can approach the RERA Appellate Tribunal for a review of the decision. The Tribunal will then examine the case, hear both parties, and make a fresh determination based on the evidence presented.

In another scenario, if a promoter believes that the RERA authority has unfairly penalized them for non-compliance with regulations, they can appeal to the Appellate Tribunal to seek a reversal of the decision. The Tribunal's role is crucial in ensuring transparency, accountability, and fairness in the real estate sector.

Reference

• Gujarat RERA Rules, 2017: Rule 44

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