The Government of India enacted an Act to regulate and promote Real Estate Sector. Presidential assent for the Act known as the ‘Real Estate (Regulation and Development) Act, 2016' was obtained on 26.03.2016. The Act consisting of 92 Sections envisages the establishment of Real Estate Appellate Tribunal. The Tamil Nadu Government, vide G.O.(Ms).No.112, Housing and Urban Development Department, dated 22.06.2017 had notified the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017. Pursuant to the same, by Appendix to G.O.(Ms).No.201, Housing and Urban Development [UD1(2)] Department, dated 22.12.2017, in exercise of powers conferred by sub-Section (1) of Section 43 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016), the Government of Tamil Nadu constituted the Tamil Nadu Real Estate Appellate Tribunal. As per Section 45 of the Act, the Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members. As per Section 43 (3) of the Act, every Bench of the Appellate Tribunal shall consist of at least one Judicial Member and other shall be a Technical or Administrative Member.
The Government of Tamil Nadu, vide the Government Order in G.O.(Ms).No.103, Housing and Urban Development [UD1(2)] Department, dated 24.07.2018 and the Government of Puducherry, vide Order G.O.(Ms).No.09/2018-Hg, Chief Secretariat (Housing), Puducherry, dated 28.09.2018, have authorized the Tamil Nadu Real Estate Appellate Tribunal to act as the Real Estate Appellate Tribunal for the Union Territory of Puducherry.
The Secretary to Government of Tamil Nadu, vide Letter No.10892/UD1-2/2016-12, dated 22.06.2017, Housing and Urban Development Department, Secretariat, Chennai – 9 and the Lieutenant Governor, Andaman and Nicobar Islands, vide Notification No.000547, dated 09.10.2017 have authorized the Tamil Nadu Real Estate Appellate Tribunal to act as the Real Estate Appellate Tribunal for the Union Territory of Andaman and Nicobar Islands Real Estate Appellate Tribunal.
Any person aggrieved by any direction or decision or order made by the Authority or by the Adjudicating Officer or by the Single Member under this Act may prefer an appeal before the Appellate Tribunal.