Every appeal under Section 44(1) of the Act, 2016 shall be preferred within a period of 60 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 aggrieved person and it shall be in web based form 'R' [Vide rule 33 of the Karnataka Real Estate (Regulation and Development) Rules, 2017] as provided in E-filing portal of the RERA Karnataka along with following documents, namely
Apart from e-filing of the appeal in form 'R' and annexures, the Memorandum of appeal along with annexures shall also be furnished in triplicate in the filing counter of the tribunal.
When an appeal is presented after expiry of the period of limitation as specified in the Act, Such memorandum of appeal shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the tribunal that they had sufficient cause for not preferring the appeal within the period of limitation
No new documents which have not been produced or relied on before the Authority or Adjudicating Officer, shall be produced at the time of filing of Appeal. However, parties can file additional documents along with an application under Order 41 Rule 27 of the Civil Procedure Code, 1908 and the same shall be considered by the Appellate Tribunal while hearing the Appeal, after giving an opportunity to the other side.
Every appeal shall be filed through online system by e-filing facilitated in the web portal of RERA Karnataka by furnishing party details, address proof, ID proof, Email ID, Mobile number and other requisite information sought in the field provided therein.
The parties shall upload the contents of Memorandum of appeal and application/s if any, or by way of uploading the same in PDF form. Similarly the documents relied and referred to in the Appeal shall be uploaded in PDF form.
Upon online registration as a Appellant, and post e-filing procedure stated above, if the appeal is presented through an Advocate, necessary vakalath duly affixed with welfare fund stamp shall be filed in filing counter of the registry of the appellate tribunal. The said vakalath shall contain address of the Advocate with enrolment number, Email ID, Mobile number etc., for proper communication.
In the event an appeal is filled by an authorised representative, such as Chartered Accountant, Cost Accountant, Company Secretary as provided in Section 56 of the Act, 2016 true copy of power of attorney or authorisation letter shall be filed, the original of such documents shall also be produced for verification in the Registry of the tribunal. The parties shall also furnish originals or authenticated copies of such documents uploaded to the portal in the filing counter of the Tribunal or through the registered post. The certified copies of impugned orders or direction or decision of the regulatory authority or adjudicating officer, as the case may be, shall also be filled in the filing counter.
In the event of filing any application, Review Petition, Caveat Petition or Execution Petition, it is the above E-filing procedure shall follow.
Every appeal filed under sub-section (1) of Section 44 shall be accompanied by a fee of Rs 5,000/- ( rupees five thousand) in the form of a demand draft or a banker's cheque drawn on a scheduled bank or a co-operative bank in favour of the appellate tribunal or through online payment.