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

What the regulations govern

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2023 govern proceedings before the Tamil Nadu Real Estate Appellate Tribunal. The Tribunal hears appeals under the Real Estate (Regulation and Development) Act, 2016 against orders of the relevant Real Estate Regulatory Authority or its Adjudicating Officer.

The regulations apply throughout:

• Tamil Nadu.
• The Union Territory of Puducherry.
• The Union Territory of Andaman and Nicobar Islands.

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2023 came into force when published in the Tamil Nadu Government Gazette on 24 January 2024. They also apply to proceedings already before the Tribunal on that date.

Who may be affected

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2023 affect anyone filing or responding to a real estate appeal before the Tribunal. This may include property buyers, promoters and other parties challenging an order of a Real Estate Regulatory Authority or Adjudicating Officer. An appellant may appear through an authorized person or specified professional representative.

Main appeal requirements

An appeal must be filed in Form L and must include:

• The memorandum of appeal and petition.
• Any counter statement of the respondent.
• A certified copy of the order being challenged.
• Copies of documents relied upon and referred to in the appeal.
• An index of documents.
• A concise statement of facts.
• A Demand Draft for the required pre-deposit, drawn in favour of the Tamil Nadu Real Estate Appellate Tribunal, Chennai.

The memorandum must be filed in triplicate, with enough copies for every respondent. The appeal must also include a fee of Rs.1,000 and Rs.1,000 for postage and incidental charges, each paid by Demand Draft in favour of the Tribunal.

An appeal filed through an advocate must include a properly signed and attested vakalat containing the advocate's name, enrolment number, address, email address and mobile number, with the required stamps.

Late appeals and additional documents

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2023 require a late appeal to include an application supported by an affidavit explaining the sufficient cause for delay. New or additional documents that were not produced or relied upon before the Authority cannot normally be filed without the Tribunal's permission through an application.

Applications in pending matters must be served in advance on the respondent, counsel or authorized representative. The Registry must scrutinize received appeal papers as quickly as possible and no later than four working days from receipt.