Section 43 in Jammu and Kashmir Real Estates (Regulation and Development) Act, 2018
43. Establishment of Real Estate Appellate Tribunal.
(1)The Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Appellate Tribunal to be known as Jammu and Kashmir State Real Estate Tribunal.(2)The 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 to Technical Member.(4)Until the establishment of an Appellate Tribunal under this section, the Government shall designate, by order, any Appellate Tribunal functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act :Provided further that after the Appellate Tribunal under this section is established, all matters pending with the Appellate Tribunal designated to hear appeals, shall stand transferred to the Appellate Tribunal so established and shall be heard from the stage such appeal is transferred.(5)Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer 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 per cent 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.
