Status as on – 10/03/2021

A public list is released by the Real Estate Regulatory Authority of Karnataka which names 22 projects which have violated guidelines relating to advertisement. The authority in exercise of its powers under section 37 of the Real Estate (Regulation and Development) Act, 2006 issued guidelines for “releasing of advertisements in print and Electronic Media” on 14/11/2019 (Ref No- RERA/ADM/CR-4/2019-20).This list has been made public based on violations under the said guidelines and Section 3 and 11 of the Real Estate (Regulation and Development) Act, 2006.

Relevant Sections-

Section 3 of the Act prohibits the promoters from advertising, marketing, booking, selling, offering for sale, or invite persons to purchase any apartment or building without registering the real estate project with the Real Estate Regulatory Authority established under the Act.

Under Section 11 of the Act all the projects in the state are required to compulsorily register under RERA and this number is to be shown in every “advertisement” by the promoter.

Section 11(2) of the Act reads as under –

“The advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto.”

Conclusion – As per the above-mentioned guidelines released by the Authority on 14/11/2019 failing to comply with the relevant guidelines can attract action against the promoters and their agents under the provisions of the Real Estate (Regulation and Development) Act, 2006 and the Karnataka Real Estate (Regulation and Development) Rules 2017.

Disclaimer – The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in