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False Promises & Missing Amenities

The project you were sold vs the one delivered — the brochure is binding.

RERA, 2016 · Sections 12, 14 — veracity of advertisement & sanctioned plans

Overview

Under RERA the brochure stopped being marketing fluff: Section 12 makes the promoter liable for loss caused by false or misleading advertisement, and Section 14 locks the promoter to the sanctioned plans and specifications — no changes to your unit without your consent, no changes to common areas without two-thirds of allottees. Missing clubhouses and pools, shrunken gardens, extra towers on 'open space', downgraded fittings, and carpet-area shortfalls are all actionable — with compensation, price adjustment, or (for Section 12 misstatements that induced the booking) a refund with interest.

Key Provisions — RERA, 2016

  • Section 12 — loss from false/misleading advertisement is compensable; if you relied on it to book, you may withdraw with interest.
  • Section 14 — construction must follow sanctioned plans; unit changes need your consent, common-area changes need 2/3 of allottees.
  • Carpet-area shortfall against the agreement is a price-adjustment claim at the agreement rate.
  • The registered project's RERA page (plans, amenities, timelines) is evidence the promoter authored against himself.

What You Can Get

Compensation for missing amenities
Price adjustment for area shortfall
Direction to build as sanctioned
Refund where the misrepresentation induced booking

How We Handle It

1

Promise vs Delivery Audit

Brochure, RERA filings, and sanctioned plans against what stands on the ground.

2

Measurement & Valuation

Carpet-area verification and the money value of what's missing.

3

RERA Complaint

Sections 12/14 complaint with the documentary gap laid out.

4

Relief

Compensation, adjustment, completion directions — or exit with interest.

Typical timeline: Complaints 6–18 months · collective complaints by residents' groups carry extra weight.

Frequently Asked Questions

The builder added two floors and sold them — our towers were sold as G+10. Can he?

Not without consent: extra floors change sanctioned plans and load common amenities. Allottees can seek demolition-level directions, though compensation is the commoner outcome — collectively filed, it's a strong case.

My carpet area is 6% less than the agreement — what am I owed?

A proportionate refund at the agreement's per-sq.ft rate, with interest — measured by a joint survey the authority can order.

Legal Connect connects you with independent advocates; we are not a law firm and this page is general information, not legal advice. Homebuyer groups filing together get the strongest outcomes — call +91 22 6555 3444.

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