Appealing a MahaRERA order: what the Appellate Tribunal actually reviews

An appeal to the Appellate Tribunal is often described as a second chance. It is more accurate to call it a review of how the first decision was reached. Parties who treat it as a fresh hearing tend to lose twice.

What the Tribunal will look at

• Whether the Authority or Adjudicating Officer applied the correct provision to the facts found.
• Whether the finding on delay, interest or compensation is supported by the record.
• Whether the party had a fair opportunity to be heard before the order was passed.

What it is reluctant to reopen

Findings of fact that the record supports are rarely disturbed simply because a different view was possible. Evidence that could have been led below, and was not, is difficult to introduce on appeal.

The two things to get right before filing

1. Time. Appeals run to a defined limitation period from the date of the order — diarise it the day the order arrives, not the day you decide to appeal.
2. Pre-deposit. A promoter appealing an order to pay is generally required to deposit a proportion of the amount before the appeal is heard. Budget for it at the outset.

Frame the appeal around the error in the order, not around the outcome you wanted.

A focused appeal that identifies two or three real errors will travel further than one that re-argues the whole case.