Tamil Nadu Real Estate Appellate Tribunal Regulations, 2023 (2024)

What the regulations govern

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2023 govern the Tribunal's administration and procedure. They apply throughout Tamil Nadu and to the Union Territories of Puducherry and the Andaman and Nicobar Islands, where the Tamil Nadu Real Estate Appellate Tribunal is authorised to act as the Real Estate Appellate Tribunal.

The regulations came into force on January 24, 2024, the date of publication in the Tamil Nadu Government Gazette. They apply to all Tribunal proceedings on that date and modify the Tamil Nadu Real Estate Appellate Tribunal Regulations, 2019.

Who is affected

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2023 affect anyone filing, responding to or representing a party in an appeal before the Tribunal. This includes appellants appearing personally, advocates and authorised representatives. They also guide the Tribunal Registry when receiving, checking and registering appeals and petitions.

Main appeal requirements

An appeal must be filed in the prescribed Form-L with the required supporting material. Key requirements include:

• A memorandum of appeal and petition, and the respondent's counter statement, if any.
• A certified copy of the challenged order and copies of documents relied upon.
• An index and a concise statement of facts.
• The memorandum in triplicate, with enough copies for every respondent.
• An appeal fee of Rs.1,000 by Demand Draft in favour of the Tamil Nadu Real Estate Appellate Tribunal, Chennai.
• A further Rs.1,000 by Demand Draft for postage and incidental charges.
• A Demand Draft for any required pre-deposit.
• Proof of the date on which the challenged order was served.

A late appeal must include an application supported by an affidavit explaining the sufficient cause for delay. New or additional documents not produced or relied upon before the Authority require the Tribunal's permission through an application.

Representation and verification

An advocate must file a properly completed vakalat with the required details and stamps. A person appearing personally must provide identification such as an Aadhar card, driving licence or ration card. An authorised representative must file a true copy of the Power of Attorney or authorisation letter and produce the original for verification.

Registry scrutiny

The Registry must ordinarily scrutinise appeal papers within four working days. If that is not completed, the matter must be reported to the Registrar for steps to complete scrutiny within seven days. Defective papers are returned for correction, with the return information uploaded on the website or communicated by email.