Tamil Nadu Real Estate Appellate Tribunal Regulations, 2019

What the regulations govern

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2019 establish the Tribunal's practice and procedure for appeals arising under the Real Estate (Regulation and Development) Act, 2016. They apply to Tamil Nadu and refer to appeals from the Union Territories of Andaman and Nicobar Islands and Puducherry. The document also states that the Tamil Nadu Real Estate Appellate Tribunal Regulations, 2018 apply to these territories, although the printed title names the 2019 regulations.

The regulations mainly affect developers, homebuyers, real estate agents and other parties appealing an order of a Real Estate Regulatory Authority, along with their advocates or authorised representatives.

Filing an appeal

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2019 require:

• The prescribed appeal form, memorandum and related papers to be in English. Papers in another Indian language must include an English translation.
• Papers to be legible, double spaced, paginated, indexed, stitched in paper book form and presented in triplicate, with enough copies for all respondents.
• Every alteration, deletion or correction to be initialled by the party or authorised representative.
• An appeal fee of Rs.1,000, paid online to the Tribunal's current account.
• A further Rs.1,000 towards postage and service process, paid through the bank prescribed by the Tribunal.
• The original challenged order, or a self-attested copy. If it was served by post, the postal cover must also be produced to establish the service date.
• Copies and an index of all documents relied upon.

An advocate must file an attested vakalath containing contact and enrolment details. Other authorised representatives must file their authorisation or power of attorney and produce the original for verification.

Late appeals and additional documents

The Tamil Nadu Real Estate Appellate Tribunal Regulations, 2019 require a late appeal to include an application and affidavit explaining the sufficient cause for delay. Documents not produced or relied upon before the Authority cannot ordinarily be filed with the appeal, but the Tribunal may consider an application to introduce them after giving the other side an opportunity to respond.

Scrutiny, defects and service

The Tribunal Registry should scrutinise filings within four working days. If that is not possible, the matter must be reported to the Registrar for prompt completion within seven days.

Defects must be corrected within five days for parties within the Chennai Metropolitan Area, ten days for parties outside that area or in Puducherry, and fifteen days for parties in Andaman and Nicobar Islands. Failure may lead to the filing being placed before the Tribunal for dismissal. Notices may be served by registered post, courier or email where an email address is available.