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RERA Act 2016

Section 60

Penalty for Providing False Information

THE STATUTE

Original Text

If any promoter wilfully fails to comply with or contravenes any of the provisions of section 4, he shall be liable to a penalty which may extend to five per cent. of the estimated cost of the real estate project as determined by the Authority.

Legal Commentary

Section 60 penalises fraudulent or false registration applications — the verification step that catches promoters who submit incorrect or fabricated documentation at registration. **What Section 60 covers:** - False land title documents submitted at registration - Fake or expired government approvals submitted as current - Incorrect project cost estimates (underestimating to reduce escrow obligations) - False carpet area declarations - Incorrect financial capacity statements - Advertisements containing false information **'Wilfully' — the intent element:** Unlike Section 59 (which applies to any violation of Section 3), Section 60 requires wilful failure — intentional falsification rather than inadvertent error. This intent element may be difficult to prove for minor documentation errors but is clearly met for systematic fraud. **5% penalty cap:** Lower than Section 59's 10% — reflecting the judgment that false documentation, while serious, is somewhat less egregious than the fundamental act of selling without any registration. The penalty still amounts to significant sums for large projects.

Questions & Answers

Section 60 imposes a penalty of up to 5% of the estimated project cost for wilfully providing false information or contravening Section 4's registration requirements. This applies to fake approvals, false land title documents, incorrect cost estimates, and misleading advertisements.