Section 44 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 44 is the working provision for appeals from the Authority and the adjudicating officer. It names who may appeal, fixes sixty days from receipt of the order, allows late appeals for sufficient cause, empowers the Tribunal to pass interim orders and sets a sixty-day target for disposal. When an appeal is likely, our legal dispute resolution team can check the dates before the clock runs out.
The appropriate Government, the competent authority or any person aggrieved by a direction, order or decision of the Authority or the adjudicating officer may appeal to the Appellate Tribunal (44(1)). The appeal must be filed within sixty days from the date on which a copy of the order is received, in the prescribed form and with the prescribed fee (44(2)). Late appeals may be entertained if there was sufficient cause. The Tribunal shall endeavour to dispose of the appeal within sixty days from receipt, and must record its reasons in writing if it cannot (44(5)).
Section 44 at a glance
| Sub-section | Subject | Key point |
|---|---|---|
| 44(1) | Who may appeal | Appropriate Government, competent authority or any person aggrieved |
| 44(2) | Limitation | Sixty days from receipt of a copy; form and fee as prescribed; proviso for sufficient cause |
| 44(3) | Hearing | Parties heard; orders including interim orders as the Tribunal thinks fit |
| 44(4) | Copies | Tribunal sends each order to the parties and to the Authority or adjudicating officer |
| 44(5) | Disposal | Expeditious; endeavour to dispose within sixty days; reasons in writing if not |
| 44(6) | Records | Tribunal may call for records to examine legality, propriety or correctness |
Section 44(1): who may appeal
"The appropriate Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal." The text does not restrict "any person aggrieved" to a promoter or an allottee, so it takes in an allottee, a promoter, a real estate agent or any other person who is affected by the order. Section 43(5) uses almost the same language and adds that a promoter's appeal needs a deposit; read the two together. See our article on section 43.
Section 44(2): the sixty-day period
Every appeal "shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the adjudicating officer is received by the appropriate Government or the competent authority or the aggrieved person".
Key points:
- The clock starts on receipt of a copy, by the person who is appealing, not on the date the order was passed.
- Form and fee are as prescribed. The State rules fix them, and they differ by State. This article names no form or fee.
- Proviso: late appeals. The Tribunal "may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filling it within that period" ("filling" is a typographical slip for "filing"). The text does not define "sufficient cause" and gives no outer limit for the delay.
Example. An allottee, Ms Iyer, receives the Authority's order on 3 March. Counting sixty days from 3 March, she must file by early May. If she misses it because of illness, she can ask the Tribunal to entertain the appeal late, and must show sufficient cause.
Section 44(3) and (4): hearing, interim orders and copies
"On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit." Two things: the parties must be heard, and the Tribunal can pass interim orders, for example to preserve the position while the appeal is pending. The text does not list what interim orders may be made, nor whether a stay of recovery follows automatically.
Sub-section (4) requires the Tribunal to "send a copy of every order made by it to the parties and to the Authority or the adjudicating officer, as the case may be". That copy matters for the next step: a further appeal to the High Court under section 58 runs from communication of the Tribunal's order. See our article on section 58.
Section 44(5): the sixty-day target
The appeal "shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal". The words are "endeavour shall be made", so it is a target, not a hard deadline. The proviso supplies the discipline: where an appeal "could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period."
| Time-related item | Period | Source |
|---|---|---|
| Filing the appeal | Sixty days from receipt of the copy | 44(2) |
| Late filing | Allowed for sufficient cause | 44(2) proviso |
| Disposal target | Sixty days from receipt of appeal | 44(5) |
| If not disposed | Reasons recorded in writing | 44(5) proviso |
Section 44(6): looking at the record
"The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit." ("Deposing" is a slip for "disposing".) This wide language means the Tribunal can look at legality, propriety and correctness, and can act on its own motion as well as on a party's request.
What the text leaves out
The section does not say whether an appeal suspends the order appealed against, who bears costs, or how many hearings may be taken. For a promoter, the pre-deposit in section 43(5) is the only financial condition stated in the Act. Procedure is shaped by section 53; see our article on section 53.
Need help with an appeal?
Counting from the date of receipt, attaching the right papers and filing in the prescribed form are all time-sensitive. Our team can prepare or review the appeal and discuss the likely deposit. Start with a legal dispute resolution consultation, and bring the order and proof of the date you received it.
Key takeaways
- Appeal lies to the Appellate Tribunal against directions, orders and decisions of the Authority and the adjudicating officer.
- Sixty days run from receipt of the copy; late appeals need sufficient cause.
- The Tribunal may pass interim orders after hearing the parties.
- The Tribunal endeavours to decide within sixty days and records reasons if it cannot.
- Form and fee are prescribed by the State rules.
Read next
- Section 43: establishment of the Real Estate Appellate Tribunal
- Section 58: appeal to the High Court
- RERA Complaint Process: How to File Online
- RERA Authority and Appellate Tribunal
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.