RERA slaps Rs 50L penalty on Gurugram promoter for misleading ad

Tribune News Service

Gurugram, April 23

The Haryana Real Estate Regulatory Authority (RERA), Gurugram, has imposed a penalty of Rs 50 lakh on a city-based real estate promoter, Countrywide Promoters Private Limited, for publishing a misleading advertisement in an English daily about its real estate project, Green Oaks. Taking note of the advertisement published on March 2, it sent a show-cause notice to the promoter asking for reply.

It observed that despite mandatory provisions under Section 11(2) and 13(1) of the Real Estate (Regulation and Development) Act-2016, the promoter did not describe the details of the project in a proper manner in the advertisement, which is a punishable offence under the Section 61 of the Act.

“It is clearly established that Countrywide Promoters Private Limited has indulged in publishing a misleading advertisement to confuse the prospective allottees in making an informed choice. Therefore, the authority hereby imposes a penalty amounting to Rs 50 lakh,” read the order.

A bare perusal of the two full-coloured advertisements shows one full-page advertisement contains a photo of a garden/park and the other page displays a picture of a club, which is not part of the project.

“While, rest of the advertisement shows facilities, which are not part of the project like squash court, state-of-the-art club house, covered pool and spa, outdoor library, rejuvenating sculptural rocks, coffee lounge counter, etc,” it read.

The promoter is developing an affordable colony Green Oaks at Sector 70-A, Gurugram, under the Deen Dayal Jan Awas Yojna Affordable Plotted Housing Policy-2016 after it obtained RERA registration in 2021.

“No details, information or visuals of the actual layout or site plan of the project have been provided to enable the prospective allottee to decide upon investing in the project,” the order added further.

“Further, the promoter has failed to get the registration details amended as per the revised layout in the record of the authority, which shows the layout plan as approved in 2021. The project was launched in 2021 and the layout plan was revised in 2023. From the quarterly progress report submitted by the promoter prior to the revision of the layout plan, it is clear that the third-party rights were created before the revised layout plan was approved by the DTCP. Under the provisions of Section 14(2)(ii), the promoter is obligated to obtain the consent of at least 2/3 of the allottees before making such changes,” the order said.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.

#Gurugram