SUO MOTU ADVERTISEMENT/ NAGPUR/COMPLAINT NO SM12500068 BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, NAGPUR SUO MOTU ADVERTISEMENT COMPLAINT NO. SM12500068 MahaRERA on its own Motion …. Complainant Versus V & M Builders & Developers …. Respondent/ Promoter MahaRERA Project Registration No. - P50300055399 Coram: Shri.Sanjay Bhimanwar,Dy.Secretary, MahaRERA Manoj G. Deodekar appeared for the respondent/ promoter. ORDER 26th November 2025 (Through Video Conferencing) 1. The Advertising Standards Council of India (ASCI) had issued an intimation letter dated 09/01/2025 to the Promoter above named for issuing an advertisement on its digital website- advertisement link: https://www.vmbuilder.in/skygardenhills/#about dated 02/01/2025 in regard to its real estate Project – Sky Garden Hills bearing MahaRERA registration number-P50300055399, situated at Amravati, without incorporating/ including correct MahaRERA registration number, MahaRERA website address & Quick Response Code (QR code) of the said project which is considered to be prima facie violation of section 11(2) of the Act-2016 and the MahaRERA Order No. 46/2023 dated 29.05.2023 read with MahaRERA Order No. 46A/2023 dated 25.07.2023. Page 1 of 4 SUO MOTU ADVERTISEMENT/ NAGPUR/COMPLAINT NO SM12500068 2. The Promoter, in spite of having received the intimation letter dated 09/01/2025 from the "Advertising Standards Council of India" (ASCI) failed to comply with MahaRERA regulation and modify or withdraw the said advertisement. And hence, the ASCI had referred the said matter to MahaRERA, Nagpur for initiating the Suo-motu complaint/proceeding against the Promoter/respondent for disposal according to law. 3. In this regard, the first hearing was scheduled on 30/06/2025 through video conferencing as per the MahaRERA Circular No. 27/2020 and MahaRERA Order No. 593/2023, when the promoter remained absent even though the notice of hearing and the link for the hearing was duly served upon the promoter. In compliance with the principle of natural justice, the proceedings were adjourned to the next date of hearing, when the promoter appeared for physical hearing and made its submission. The promoter further furnished the written submission stating that the said advertisement was uploaded by mistake on its website on trial basis while updating the website and was immediately removed/withdrawn from the website on the same date. 4. During the hearing, the promoter submitted that the advertisement dated 02/01/2025 was uploaded by mistake on its website while updating it and was withdrawn/removed from the website immediately on the same date. The Promoter sought an apology and assured complete compliance with the MahaRERA regulations in all advertisement published by it in future. 5. In this regard, it is necessary to peruse the provision of section 11(2) of the RERA which reads as under: “11(2) 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.” 6. On careful perusal of the Section 11(2) manifestly shows it is imperative Page 2 of 4 SUO MOTU ADVERTISEMENT/ NAGPUR/COMPLAINT NO SM12500068 on the part of the promoter to mention the MahaRERA registration number of the project as well as MahaRERA website address prominently in the advertisement of the project issued by him. 7. In this regard, it is also necessary to peruse the provisions of MahaRERA Order No. 46/2023 read with MahaRERA Order No. 46A/2023, which reads as under: MahaRERA Order No. 46/2023 dated 29.05.2023 -The Promoter shall prominently display QR Code on each and every project promotion/advertisement published after 01.08.2023. The QR Code must be published in a manner that is legible, readable, and detectable with software applications. The QR code must be published besides the MahaRERA Registration Number and the Website Address. The mandate as mentioned above shall apply to the mediums of promotion/advertisement and in any other medium as may be directed by the Authority. MahaRERA Order No. 46A/2023 dated 25.07.2023 – (a)With effect from 01.08.2023, Promoter shall prominently display the QR Code on each and every real estate project promotion/advertisement published in the mediums, in the manner and at the place as more specifically mentioned in MahaRERA Order No. 46/2023 dated 29.05.2023. The above shall apply to the mediums of promotion/advertisement and in any other medium as may be directed by the Authority. b) Failure to comply with (a) above shall be construed as a violation of the directions issued in the above-referred MahaRERA Order and penalty which may extend up to Rs. 50,000/- subject however to a minimum penalty which shall not be less than Rs. 10,000/- under Section 63 of the Act shall be imposed upon promoters for each such violation. 8. In the present case, the Promoter had released an advertisement dated 02/01/2025 on its digital website, in regard to its real estate project " Sky Garden Hills " bearing MahaRERA registration number-P50300055399 situated at Amravati without including the correct MahaRERA registration number, MahaRERA website address and Quick Response (QR) Code of the said real estate project. From the submission of the Promoter and documents on record, it appears that the Promoter has withdrawn the said advertisement from the website within mentioned time. Hence, the Page 3 of 4 SUO MOTU ADVERTISEMENT/ NAGPUR/COMPLAINT NO SM12500068 Promoter does not stand in violation of section 11(2) of the Act-2016 and MahaRERA Order No. 46/2023 dated 29.05.2023 read with MahaRERA Order No. 46A/2023 dated 25.07.2023 for publishing the impugned advertisement without mentioning/incorporating/including the MahaRERA registration number, MahaRERA website address and the Quick Response code (QR code) of the aforementioned project in the aforesaid advertisement. 9. In view of the above, the present case stands closed. Digitally signed SANJAY by SANJAY LAXMIKANT LAXMIKANT BHIMANWA BHIMANWAR Date: 2026.03.04 R 16:31:33 +05'30' (Sanjay Bhimanwar) Dy.Secretary, MahaRERA,Nagpur. Page 4 of 4