HRERA penalizes real estate promoters for misleading ads

The Haryana Real Estate Regulatory Authority (HRERA), Gurugram, imposed a Rs 50 lakh penalty on a real estate promoter for publishing a misleading advertisement in an English daily about their real estate project Green Oaks. 

According to an HRERA spokesperson, the authority took strong notice of the advertisement published on March 2 and sent a show cause notice to Countrywide Promoters Private Limited, requesting a response. 

According to the spokesperson, the authority observed that, despite mandatory provisions under Sections 11(2) and 13 (1) of the Real Estate (Regulation and Development) Act 2016, the promoter failed to properly describe the details in the advertisement, which is a punishable offense under Section 61 of the act.  

“It is established that the promoter published a misleading advertisement to prevent prospective allottees from making an informed decision. The authority imposes a Rs 50 lakh penalty under Section 61 of the Act 2016, according to an HRERA order. 

According to the HRERA spokesperson, Countrywide Promoters Private Limited is developing an affordable plotted colony, Green Oaks, in Sector 70-A Gurugram, under the Deen Dayal Jan Awas Yojna (DDJAY) Affordable Plotted Housing Policy-2016, and will obtain RERA registration in 2021.  

“It is abundantly clear that the promoter has issued a misleading advertisement for a DDJAY plotted colony, using alluring images to lead prospective investors to believe that the project includes a clubhouse and other amenities that do not exist in the project. This is a violation of section 7(1)(A)(i). According to the order, no details, information, or visuals of the project’s layout or site plan were provided to allow the prospective allottee to make an investment decision. 

Flats in Haryana only be sold on basis of carpet area: HRERA

HRERA, the practice of selling property on the basis of the super area is misleading, controversial, and confusing. Generally, property sold on the basis of super area increases complexity and ultimately results in avoidable litigations. 

CHANDIGARH: On Tuesday, the Haryana Real Estate Regulatory Authority issued rules and regulations for the sale of an apartment. According to this rule the sale of flat in any real estate project will be based solely on carpet area only. The Gurugram-based regulator warned that a criminal case can be initiated against a builder or real estate agent who violated these instructions.

Sales on Super Area will be an illegal offence now!

K.K. Khandelwal, HRERA Chairman said, sales on the super area considered by the developer are fraudulent and unfair business practices. Conveyance deeds should be prepared only on the basis of carpet area. The sale of an apartment or a house takes place solely on the basis of carpet area. So it is illegal to sell property on the basis of super areas or any other basis.

Properties in residential projects are not correctly described with reference to the super area without specific details and the components included in the super area. The practice of selling property on the basis of the super area is misleading, controversial, and confusing. Generally, property sold on the basis of super area increases complexity and ultimately results into in-avoidable litigation’s. 

This regulation is drawn up by the authorities to ensure the sale of land, apartment, or the sale of residential and commercial real estate projects in an efficient and transparent manner. Also, this will protect the interests and improve the confidence of buyers in real estate. 

Considering that before the Real Estate (Regulation and Development) Act 2016 came into action, there was no legal description of the term “carpet”. Now the HRERA law provides a specific definition of the carpet area, which now removes the uncertainty and confusion in this regard.

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