Short Answer

If you disagree with the decision of the RERA authority, you can appeal to the Real Estate Appellate Tribunal (REAT) within the specified time frame.

Detailed Explanation

Section 44 of the Gujarat RERA Act, 2016 provides for the appeal process against the decisions of the RERA authority. According to this section, any person aggrieved by the decision or order of the RERA authority may file an appeal to the REAT within 60 days from the date of communication of the decision. The REAT has the power to hear appeals and pass orders on such appeals.

In practice, if a homebuyer feels that the RERA authority has not provided a satisfactory resolution to their complaint against builder delays, they can submit an appeal to the REAT. The appellant needs to ensure that the appeal is filed within the prescribed time limit of 60 days to avoid any procedural issues.

Real-world Scenarios

• Mr. Patel filed a complaint with the RERA authority regarding delays in the possession of his flat by the builder. However, he was not satisfied with the decision given by the RERA authority. In this case, Mr. Patel can appeal to the REAT within 60 days from the date of receiving the decision.

• Ms. Shah raised concerns about the quality of construction by the builder to the RERA authority, but the authority's decision did not address her grievances adequately. She can opt to appeal to the REAT within the stipulated time frame to seek a fair resolution.

• In a scenario where a developer challenges the penalties imposed by the RERA authority for non-compliance with regulations, they can also utilize the appeal process to present their case before the REAT.

Reference

• Section 44 of the Gujarat RERA Act, 2016: Gujarat RERA Act and Rules