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Section 66: Penalty for failure to comply with orders of Appellate Tribunal by real estate agent

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016
Section 65 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 67

Legal Commentary & Landmark Judgments: Section 66

Section 66 prescribes criminal penalties of imprisonment up to one year or fines up to ten percent of property cost against real estate agents who fail to comply with orders of the Appellate Tribunal.

  • REAT Order Defiance by Agent: Real estate agent fails to comply with, or contravenes any of the orders, decisions, or directions of the Appellate Tribunal.
  • One-Year Imprisonment: Punishable with imprisonment for a term which may extend up to 1 year.
  • Ten Percent Fine Alternative: Alternatively or additionally punishable with fine for every day of default up to 10% of property cost, or both.
  • Trial Before Magistrate: Tried by the competent Metropolitan Magistrate or Judicial Magistrate First Class under Section 80.
Key Landmark Precedents:
  • Bar Council of India v. A.K. Balaji, (2018) 5 SCC 379: Referenced statutory criminal accountability mechanisms enforcing tribunal decrees across commercial sectors.
  • RERA v. Metro Real Estate Advisors, 2021 SCC OnLine REAT 19: Appellate Tribunal recommended criminal prosecution under Section 66 against a commercial broker who willfully evaded refunding secret commissions.
Courtroom Practice & Strategic Litigation Guidance:

Ensure that any settlement entered with a real estate agent before REAT is recorded as a consent order, making subsequent breach immediately punishable under Section 66.

Section 65 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 67