Hearing an appeal filed by Dhanaas Property Developers, the coram chaired by justice B Rajendran pointed out that any person (homebuyers) makes an advance based on the information contained in the advertisement or brochure and “if that person sustains any loss or damage because of any incorrect, false statement, that person shall be compensated by the promoter.”
The promoter had pleaded the tribunal against the order issued by the Tamil Nadu Real Estate Regulatory Authority (TNRERA) that passed a favourable order for Vrikshaa Vassees Welfare Association.
The welfare association contends that the promoter had failed to provide amenities promised in the brochure at their project in Coimbatore. The promoter had failed to provide a swimming pool facility as promised in the brochure.
However, the promoter claimed that they have full authority to add or delete amenities as shown in the brochure at any time during the construction of the property. “Therefore the appellant (promoter) does not have any mandatory obligations to provide the amenities.”
The tribunal also clarified that the ‘note’ section mentioned in the brochure would no way prevent the rights of the allottees in getting the amenities already agreed upon. In the ‘note’ section incorporated in the brochure, the promoter had stated that they reserve the right to add or delete any facility, specification or amenity at the time of execution of the agreement of sale of villas.
“The promoter has no locus standi or right to dictate the terms as per his will and pleasure. He must act according to the brochure as per section 12 of RERA Act,” the tribunal observed. The appeal filed by the promoter was dismissed.