- within Real Estate and Construction, International Law and Law Department Performance topic(s)
In this edition of Podcast Bites, powered by IndiaLaw LLP, host Apnatva examines the Haryana Real Estate Appellate Tribunal’s decision in M/s DLF Limited v. Gautam Ranavery, which reiterates the mandatory nature of the pre-deposit requirement for promoter appeals under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
The dispute arose after the Haryana Real Estate Regulatory Authority, Gurugram, directed the promoter to refund the amount deposited by the allottee, subject to specified deductions and interest. When the promoter challenged the refund order before the Appellate Tribunal, it sought exemption from the statutory pre-deposit requirement. The Tribunal held that a promoter cannot seek adjudication of the merits of an appeal without first satisfying the mandatory pre-deposit condition prescribed under RERA. Relying on the Supreme Court’s decision in Newtech Promoters and Developers Pvt. Ltd. v. State of Uttar Pradesh, the Tribunal reaffirmed that the requirement is not a procedural formality but a statutory gateway for maintainability.
The episode discusses the distinction between promoters and allottees under RERA, the absence of any statutory provision permitting waiver of pre-deposit, and the principle that issues such as merits and delay can be considered only after the appeal is found to be maintainable. Listen to the episode for a concise overview of the factual background, the Tribunal’s reasoning, the dismissal of the appeal, and the broader implications of the ruling for promoters, homebuyers, and real estate practitioners.
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