Short Answer

Yes, a builder's misleading advertisement, such as an incorrect brochure, can be grounds for a RERA case.

Detailed Explanation

Section 11 of the Gujarat RERA Act, 2016 states that it is mandatory for promoters to make a full disclosure of all information regarding the project, including details of the layout, approvals, and expected completion date. Any misleading information provided by the builder, such as through incorrect brochures, can be considered a violation of this section. This means that if a builder advertises false or misleading information about the project, buyers have the right to file a complaint under RERA.

Furthermore, Rule 5 of the Gujarat RERA Rules, 2017 elaborates on the obligations of promoters to provide accurate and transparent information to prospective buyers. If the builder fails to adhere to these rules and provides misleading details in the brochure, buyers can seek redressal through the RERA authorities. In practice, this could involve filing a complaint with the Gujarat RERA Authority, providing evidence of the misleading advertisement, and seeking appropriate remedies such as compensation or project rectification.

For example, if a builder advertises a project with amenities that are not actually provided or promises a completion date that is unrealistic, buyers who have been misled can approach RERA for resolution. In such cases, RERA may investigate the matter, hold the builder accountable for the false advertisement, and ensure that corrective measures are taken to rectify the misinformation provided.

Another scenario could involve a builder showcasing a different layout or design in the brochure compared to the actual project, leading to confusion and dissatisfaction among buyers. In such instances, affected buyers can file a complaint under RERA, citing the discrepancies between the advertised information and the actual project details.

In conclusion, a builder's misleading advertisement, such as an incorrect brochure, can indeed serve as grounds for a RERA case as it violates the transparency and disclosure requirements set forth in the Gujarat RERA Act and Rules.

References

• Gujarat RERA Act, 2016: https://gujrera.gujarat.gov.in/

• Gujarat RERA Rules, 2017: https://gujrera.gujarat.gov.in/