The Real Estate Regulation and Development Act (RERA) was enacted to regulate and promote the real estate industry. Furthermore, and to enable the efficient and transparent sale of a plot, apartment, or building, as the case may be, or the sale of a real estate project, and to safeguard the interests of real estate Prospective consumers. As per the provisions of the said Act, Many states have created regulatory authorities under the RERA, which includes a system for quick dispute resolution. The Appellate Tribunal has also been formed to hear appeals from the Real Estate Regulatory Authorities and the adjudicating officer’s judgments, directions, or orders, as well as for matters connected with or incidental to such decisions, directions, or orders.
RERA Act 2016, Section 14 (2) regardless of any law, contract, or agreement, the promoter shall not make:
(i) any additions or alterations to the sanctioned plans, layout plans, and specifications, as well as the nature of fixtures, fittings, and “amenities” described therein, in relation to the apartment, plot, or building, as the case may be, that are agreed to be taken without the prior consent of that person: After proper declaration and intimation to the allottee, the promoter may make such minor additions or alterations as may be required by the allottee, or such minor changes or alterations as may be required due to architectural and structural reasons duly recommended and verified by an authorized Architect or Engineer.
Further, if any promised amenities or deviation of approved construction work is made by the builders they would be held responsible for committing an offense u/s 2(28) of the Consumer Protection Act, 2019
In relation to any product or service, a “misleading advertisement” means an advertisement that—
(i) falsely describes such product or service; or
(ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity, or quality of such product or service; or
(iii) conveys an express or implied representation that, if made by the manufacturer, seller, or service provider thereof, would constitute an unfair business practice; or
(iv) deliberately conceals important information.
Several judgements have been passed by different State Consumer Commissions and National Consumer Commission against erring builders or other service providers.
If you have any issues pertaining to amenities of plots/houses as advertised by the builder, please feel free to reach out to us, (www.powertoconsumer.in)
We at Power to Consumer always stand by the aggrieved consumers and abide by the motto of “Consumer is King”. Feel free to contact us by lodging a complaint with our award-winning Legal Adviser at www.powertoconsumer.in
Any aggrieved consumer for the matter as above may click the Home Page and submit query through the prescribed enquire form.
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