Section 43 in The West Bengal Housing Industry Regulation Act, 2017
43. Establishment of Housing Industry Appellate Tribunal.
(1)The State Government shall establish an Appellate Tribunal to be known as the West Bengal Housing Industry Appellate Tribunal.(2)The State Government may, if it deems necessary, establish one or more benches of the Appellate Tribunal, for various jurisdictions, in the State.(3)Every bench of the Appellate Tribunal shall consist of at least one Judicial Member and one Administrative or Technical Member.(4)Any person aggrieved by any direction or decision or order made by the Authority under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter:Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained without the promoter first having deposited with the Appellate Tribunal at least thirty percent, of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard.Explanation. - For the purpose of this sub-section "person" shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force.(5)Notwithstanding anything contained in sub-section (1), it shall be lawful for the State Government to designate, by order, any Tribunal functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under this Act.
