REAT appeals

Appealing a K-RERA order before the Karnataka REAT: time limit and the 30% deposit

By Ankur Tripathi, Advocate · 26 October 2026 · 2 min read

An order of the Karnataka Real Estate Regulatory Authority or the Adjudicating Officer is not the end of the road. Both sides can appeal to the Karnataka Real Estate Appellate Tribunal (REAT). This article covers the main rules on time and on the pre-deposit that promoters must make.

Who can appeal, and against what

Under Section 44 of the RERA Act, any person aggrieved by a direction, decision or order of the Authority or the Adjudicating Officer can appeal to the Appellate Tribunal. Allottees and promoters can both appeal.

The 60-day limit

An appeal must be filed within sixty days from the date the order is received. The Tribunal may admit an appeal after that period if it is satisfied there was sufficient cause for the delay, but that is a matter of discretion and should not be relied on. Calendar the date the moment the order reaches you.

The pre-deposit for promoters

Section 43(5) requires a promoter who appeals to deposit, before the appeal is heard, at least thirty percent of the penalty, or such higher percentage as the Tribunal may determine, or the total amount to be paid to the allottee including interest and compensation, whichever is applicable. The Supreme Court in Newtech Promoters and Developers Pvt. Ltd. v. State of Uttar Pradesh (2021) treated this condition as mandatory for promoters. Allottees who appeal do not have to make such a deposit.

For a promoter, this means an appeal needs financial planning from the first day. A promoter that cannot show the deposit may find the appeal does not proceed.

What a good appeal contains

• A concise statement of facts and the findings challenged
• Grounds that point to errors of law, or findings that the evidence does not support
• The documents that were before the Authority, filed as a proper paper book
• Interim applications, where required, to deal with recovery or stay

After the Tribunal

A further appeal against an order of the Appellate Tribunal lies to the High Court of Karnataka under Section 58 of the Act, within sixty days, on the grounds recognised by the Act. The High Court can also be approached through a writ petition in appropriate cases, such as when a final order is not being enforced.

Planning tip

Both sides should plan the appeal while the original order is being read. For allottees, an appeal may be needed to improve relief. For promoters, the calendar, the deposit and the grounds should be mapped out immediately.

Read more about the earlier stage in How to file a K-RERA complaint.

This article is for general information only. It is not legal advice, and the law and its interpretation change. Please consult an advocate about your specific facts before acting.

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