Now Reading: Haryana RERA: Booking amount alone does not make you an allottee
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Haryana RERA: Booking amount alone does not make you an allottee
Haryana Real Estate Regulatory Authority (HRera) has ruled that merely paying a booking amount and receiving a provisional allotment letter does not establish a statutory promoter-allottee relationship without a signed and registered…
Haryana Real Estate Regulatory Authority (HRera) has ruled that merely paying a booking amount and receiving a provisional allotment letter does not establish a statutory promoter-allottee relationship without a signed and registered agreement for sale. The authority dismissed a complaint filed by Neet Rash Consultants against Eldeco Infrastructure and Properties and HSIIDC over a unit in the Eldeco Fairway Reserve project in Manesar.
HRera chairman Arun Kumar held that the complainant did not qualify as an 'allottee' under the RERA Act, 2016, having failed to execute the agreement for sale despite the developer accepting 10% of the total consideration and issuing an allotment letter. The developer argued the allotment was expressly provisional and conditional, and withdrew the offer after the complainant failed to comply with reminders, offering a full refund.
The complainant had alleged violations including undisclosed area pricing, concealed built-up area details, and unilateral payment timeline changes. HRera dismissed the complaint as 'not maintainable and devoid of merit,' noting the allegations lacked cogent documentary evidence. The authority ordered the file consigned to the registry.
Indian Opinion Analysis
The ruling reinforces a core principle of the Real Estate (Regulation and Development) Act, 2016: statutory rights and remedies attach only after a registered agreement for sale, not at the booking stage. Under Section 2(d) of the Act, an allottee is defined through a registered sale agreement, making a provisional allotment legally fragile. For homebuyers in Haryana, the order means that even a 10% payment and an allotment letter may not shield them from a unilateral withdrawal by the developer, who in this case reallotted the unit to a third party. The next signal to watch is whether this interpretation is challenged before the appellate tribunal or the High Court, and how other state RERA authorities treat similar provisional-allotment cases.
Source: realty.economictimes.indiatimes.com
This brief was synthesised by AI from the source linked above.
