Real Estate Appellate Tribunal Can Remand Cases Despite No Express Power Under RERA: Kerala High Court

The Kerala High Court has held that the Real Estate Appellate Tribunal has the authority to remand matters to the Real Estate Regulatory Authority or the Adjudicating Officer for fresh consideration, even though the Real Estate (Regulation and Development) Act, 2016, does not expressly confer such power.

The Court observed that Section 44(3) of the Act grants wide appellate powers, enabling the Tribunal to pass appropriate orders to ensure effective adjudication.

Upholding a remand order in a dispute concerning alleged structural defects in a residential project in Kochi, the Court emphasised that claims relating to common areas must involve the Association of Allottees.

The appeals challenging the remand were dismissed.