The Consumer Protection Commission No. 3 of Indecopi has communicated that it sanctioned in the first instance seven real estate companies and their managers with a total fine of S/ 586,914 (96.85 UIT) for not adopting the necessary actions to complete the construction of real estate projects.
This decision was made within the framework of the sanctioning administrative proceeding initiated against the companies Promotora Ibiza SAC, Developer Promotora Ibiza SAC, Constructora e Inmobiliaria Rato SAC, Promotora Costa Azul SAC, Promotora Ocean View SAC, Promotora Girasoles II SAC and Developer Inmobiliaria Girasoles II SAC. in connection with the following projects:
- Ibiza, located on Calle Echenique, sublot 45 E, Miramar urbanization, San Miguel.
- Costa Azul, located in sublot B, plot 3, North Zone, Ciudad Satélite, Ventanilla, Callao.
- Ocean View, in the jirón Leoncio Prado 285, Miramar urbanization, San Miguel, Lima.
- Girasoles II at 215 Los Nisperos Street, Fundo Vicentelo Alto, El Agustino.
Through Resolution 052-2022/CC3, the Commission applied a total fine of S/ 95,404 (20.74 UIT) to the real estate companies Promotora Ibiza SAC and desarrolladora Promotora Ibiza SAC. Likewise, it imposed another financial penalty of S/ 46,000 (10 UIT) to their representatives, since during their management period as managers they participated in the planning, execution and/or execution of the infraction committed by the companies.
Similarly, through Resolution 054-2022/CC3, the Commission decided to apply a total fine of S/ 376,510 (81.85 UIT) to the companies Constructora e Inmobiliaria Rato SAC, Promotora Ocean View SAC, Promotora Costa Azul SAC, Promotora Girasoles SAC and Real Estate Developer Girasoles II SAC. The representatives of said companies were also sanctioned with S/ 69,000 (15 UIT).
The companies violated article 19 of the Consumer Protection and Defense Code, which states that Suppliers are responsible for the quality and suitability of the products and services they offer.
Regarding the real estate sector, the consumer expects the provider to comply with the obligations expressly assumed in the purchase contract, such as building quality and safe structures, making the independence and registration of the property in a timely manner, among other aspects.
On the other hand, according to article 111 of the Code, the people who exercise the management, administration or representation of the supplier are jointly and severally liable insofar as they participate with intent or inexcusable fault in the planning, execution or execution of the administrative infraction.
Those sanctioned are within the legal term to file an appeal before the Specialized Chamber for Consumer Protection of Indecopi, second and last administrative instance of the institution.
The resolutions of these cases are public and can be reviewed at the following links: