Bought a flat but didn’t get promised amenities? What homebuyers can do to seek justice

Homebuyers often discover after purchasing a residential property that the promised amenities are missing or not as advertised, leading to disputes with the builder.

In such cases, buyers are not without recourse. The Real Estate (Regulation and Development) Act (RERA) provides a framework to seek legal and financial assistance in such cases.

Knowing how to report false advertising under RERA empowers buyers to take action against unfair practices, pursue refunds, cancel bookings or claim compensation depending on the facts of the case.

Awareness of the complaint process helps protect investment and hold developers accountable, especially as false promises and misleading advertisements have become a growing concern in Indian real estate.

What to do in case of false advertisements?

If an individual bought a residential house or flat in India, but they believe that the amenities do not match what was advertised previously, then such a homebuyer can take the following steps to protect their legal rights:

• Review the sale agreement: Check the original sale agreement to confirm the agreed-upon amenities, size of the house, and other details. This would help you compare what was promised with what was eventually delivered.
• Keep evidence of the malpractice: The homebuyer should keep the property brochure or advertisements handy. Keep pamphlets, pictures of hoardings, website screenshots, emails, messages and payment receipts. Documents needed to file an RERA complaint for false advertising play an important role in successful outcomes.

• Contact the developer: Reach out to the developer and seek a formal explanation for the failure to provide the promised amenities. The same route can be taken if you believe the amenities are not up to mark.
• Lodge a complaint with RERA: If the builder fails to provide a proper resolution within the prescribed timeline, a formal complaint can be filed with the local RERA authority. The complaint must include the facts of the case and any communication between the buyer and the builder.
• Seek legal help: In cases where the RERA process does not provide a satisfactory resolution, or the builder is non-compliant, homebuyers can approach a consumer court or take legal action as per the provisions under RERA and the Consumer Protection Act.

In one such case reported in July this year, a Bengaluru homebuyer filed a complaint with Karnataka RERA, alleging that he had been waiting for more than six years for basic amenities promised by the builder, including Cauvery water, BESCOM electricity meters, and DG generator power supply. He ultimately won the case and received relief from the authorities.

What is considered false advertising under RERA?

False advertising refers to any information that is intended to mislead people into purchasing a property. This can involve incorrect claims about project approvals, possession timelines, amenities, location advantages or pricing.

Misleading property advertisements may promise features that are never delivered upon possession of the said property. Under RERA, even verbal assurances by sales teams can be questioned if they contradict registered project details. False promises by builders are treated as a serious offence under the law.

How to file a RERA complaint online?

Most states allow individuals to file a RERA complaint online through their official website. Aggrieved buyers must register on the online portal, provide project and developer details, explain the malpractice in clear language, and upload supporting documents to strengthen their point.

The steps to file a RERA complaint against misleading ads are designed to be simple and accessible for homebuyers.

A small complaint filing fee is charged, which varies from state to state. Once filed, RERA issues notices to the developer and schedules hearings. This RERA route is usually faster compared to traditional court cases.

If the builder is found guilty, RERA has the power to impose heavy penalties, including fines, compensation to buyers or directions to correct advertisements. In serious cases, the project registration can also be suspended.