The Supreme Court says a builder's brochure is a promise.Here's how to use that in Gurgaon.
In early September 2026, the Supreme Court looked at a CBI report on DLF's The Primus project in Sector 82A, Gurugram. The brochure had shown a 24-metre-wide road. On the ground, most of that stretch is now parking and a green patch. The court called the gap "not minor, but substantial." It also made a point every buyer should hear: a brochure is not just advertising. Builders are expected to deliver what it shows.
What the court actually found.
The Primus was sold from around 2012 as a premium project in Sector 82A. Its brochure and layout plan showed two 24-metre-wide access roads. A layout plan is the drawing that shows where buildings, roads and open spaces sit inside a project.
According to the buyers' case, as reported by Supreme Today, one of those roads ran over a strip of private farmland that was only leased, not owned. The other was never fully built. Buyers also say permanent water supply only arrived in September 2021, more than four years after possession was offered in January 2017.
In February 2026, the Supreme Court asked the CBI to look into the complaints. The CBI is India's main central investigating agency. On August 3, 2026, a CBI officer filed a status report. It found that out of a 147-metre stretch marked for the road, about 52 metres had become a green patch. Most of the rest is used by residents for parking. So roughly two-thirds of that stretch is not a road at all.
In its order released in early September, the bench of Justices Ahsanuddin Amanullah and R. Mahadevan said the deviation was substantial. It warned that if the project is not brought in line with the brochure and plan, it may pass further orders. It also asked the Haryana government to explain why the land needed to connect the project road to the 60-metre sector road had not been acquired. The next hearing is on October 12, 2026.
The case is still going on, and no final judgment has been given. Sources: Hindustan Times (Sep 3, 2026), India Today (Sep 3 and Sep 7, 2026), Times of India, and Supreme Today's report on the February 2026 order.
Fourteen years, one missing road.
The problem started with a drawing in a brochure. More than a decade later, it is still being argued in court.
| When | What happened |
|---|---|
| 2012 | Project marketed. Brochure shows two 24-metre access roads. Early buyers book in August 2012 with possession promised by February 2016. |
| Oct 2016 | Occupation certificate issued. This is the government's go-ahead that a building is fit to live in. |
| Jan 2017 | Possession offered to buyers. Roads and some facilities still incomplete, according to buyers. |
| Sep 2021 | Permanent water supply finally arrives. Before this, residents relied on tankers. |
| 2023 | National consumer commission (NCDRC) calls the road portrayal an unfair trade practice. It orders the land to be acquired within six months. The acquisition stalls. |
| Feb 2026 | Supreme Court orders a CBI inquiry into the complaints. |
| Aug 3, 2026 | CBI status report: about 100 metres of the 147-metre road stretch is parking or green space. |
| Sep 2026 | Supreme Court calls the deviation substantial and says brochures are promises, not mere marketing. |
| Oct 12, 2026 | Next hearing. |
Timeline compiled from court records as reported by Supreme Today, Hindustan Times and India Today. Buyer allegations are as stated in the case and have not all been finally decided.
What you're shown when you buy is what the builder is expected to deliver.
That is the court's message. If a builder sells a project using specific roads, parks or facilities, it cannot later treat them as marketing talk.
The same idea is written into RERA, the Real Estate (Regulation and Development) Act of 2016. It is the law that set up a regulator for property projects in each state. In Gurgaon, that regulator is HRERA Gurugram. Two sections matter here.
Section 12 covers ads and brochures. If you pay a booking amount based on an ad, brochure or model flat, and you lose money because something in it was false, the builder must compensate you. If you choose to leave the project instead, you get your whole investment back with interest, plus compensation.
Section 14 covers approved plans. The builder must build according to the plans and specifications approved by the authorities. To change the approved layout or the shared areas, it needs the prior written consent of at least two-thirds of the buyers.
Both protections depend on proof. You need to be able to show what you were promised.
Source: Real Estate (Regulation and Development) Act, 2016, Sections 12 and 14, as published on India Code (indiacode.nic.in).
Six things to do before you book.
None of these take long. Together they turn a glossy brochure into something you can actually hold a builder to.
Save the printed brochure, the PDF, the WhatsApp flyers and the emails. Take dated screenshots of the project website. Builders update these often. If a promise disappears later, your saved copy is your proof.
The approved plan is the one the town-planning department signed off. Put it next to the brochure. Check that roads, parks, the clubhouse and tower positions match. If the brochure shows something the approved plan doesn't, ask why, in writing.
The access road is the problem at the centre of The Primus case. Find out whether the road to the project is already built, on land the builder owns, or still waiting for land to be acquired. A road that appears on a map is not the same as a road you can drive on.
Look up the project on the Haryana RERA website (haryanarera.gov.in) using its registration number. Compare the details filed there with what the sales team showed you, and ask about anything that doesn't match.
The builder-buyer agreement is the contract you sign. If a facility matters to you, such as a road width, a pool or a school site, ask for it to be listed there. A promise in the contract is far easier to enforce than one in a brochure.
If you notice a change during construction, raise it with the builder in writing and then with HRERA Gurugram. At The Primus, the land meant for the road is now in daily use as parking and green space, more than a decade after buyers first booked.
The road outside matters as much as the flat inside.
It's easy to spend hours on floor plans and minutes on the approach road. The Primus case is a reminder that the road outside is part of what you're buying.
My advice is simple. Put the brochure next to the approved layout plan and the HRERA record. Then drive the access road. If a road is described as "coming soon," ask in writing whether the land for it has actually been acquired.
This ruling is good news for buyers. It doesn't remove the need to check. It just means that when you've done the checking and kept the proof, the law is more firmly on your side. If you want a second pair of eyes on a project you're considering, send me the brochure and I'll tell you what to verify.
Frequently asked questions.
What did the Supreme Court say about property brochures in 2026?
What was wrong at DLF's The Primus project?
Can I claim compensation if my builder doesn't deliver what the brochure showed?
Can a builder change the layout plan after I book?
How do I check if a Gurgaon project's access road actually exists?
This post summarises public court reporting and is not legal advice. For a specific dispute, speak to a property lawyer.
Holding a brochure you're not sure about?Let's check it against the approved plan.
Send Rashmi the project name and brochure. She'll tell you what to verify on HRERA, on the layout plan and on the ground before you pay a booking amount.