Kesar Infra LLP - Ridhi Sidhi

Recommendation: Upheld | Medium: General Public

Ad Description

The advertisements provide listings for a residential project referred to as “Kesar Ridhi Sidhi”.

Issue

Whether the advertisement for the residential project “Kesar Ridhi Sidhi” uses a project name that differs from its MahaRERA registered name “Ridhi Sidhi”.

Advertiser’s Response

The advertiser stated that it had neither published, authorised, approved for the impugned advertisements, which appeared on independent third-party real estate portals. It stated that it had not instructed any portal to publish the project under the name "Kesar Ridhi Sidhi", and that the project is duly registered with MahaRERA as "Ridhi  Sidhi", which is consistently reflected in its official documents and communications. The advertiser further submitted that it cannot be held responsible for content independently published by third parties without its authorisation. They had initiated communication with the concerned portals to verify and, if necessary, rectify the project description appearing on their platform.

Consumer Complaints Council (CCC) Assessment

The CCC noted the complainant's objection that the advertiser’s project was being advertised as "Kesar Ridhi Sidhi" across various third party property portals, whereas the project is registered with Maharashtra Real Estate Regulatory Authority (MahaRERA) as "Ridhi Sidhi by Kesar Infra LLP".

The CCC discussed that using a project name in advertisements that is different from the name under which the project is registered with MahaRERA is likely to cause confusion among consumers regarding the identity of the project. The CCC was of the view that developers may have multiple projects with separate registrations, and therefore advertisements should use the exact name as per the MahaRERA registration.

The CCC further noted the advertiser's submission that the impugned advertisements appearing on third party property portals had not been authorised by Kesar Infra LLP and that it had intended to have such advertisements corrected. However, the CCC observed that despite being requested to furnish evidence of any communication issued to the concerned property portals seeking correction or removal of the advertisements, the advertiser confirmed that no such communication had been issued.

Based on these observations, the CCC concluded that the advertisements highlighting the advertiser’s project as “Kesar Ridhi Sidhi” are misleading.

Decision

Incorrect project name  `Kesar Ridhi Sidhi’ – Upheld.

ASCI Code / Guidelines

Chapter I, Clause 1.4.