Haryana RERA: Provisional booking alone does not confer allottee status
Haryana RERA has dismissed a complaint against Eldeco Infrastructure and HSIIDC, ruling that a provisional allotment without a signed and registered sale agreement does not create a promoter-allottee relationship. The complainant had failed to execute the agreement despite reminders and the develope
GURUGRAM: Mere payment of a booking amount and issuance of a provisional allotment, without a concluded and registered agreement for sale, does not create the statutory relationship of promoter and allottee, the Haryana Real Estate Regulatory Authority (HRera) has ruled.
In an order dated 14 Aug 2026, HRera chairman Arun Kumar dismissed a complaint filed by Neet Rash Consultants against Eldeco Infrastructure and Properties and the Haryana State Industrial & Infrastructure Development Corporation (HSIIDC) concerning an alleged unit in the Eldeco Fairway Reserve project in Sector 80, Manesar. The authority held that the complainant did not qualify as an “allottee” under Section 2(d) of the RERA Act, 2016, and that the transaction “never progressed beyond a provisional allotment.”
The complainant had alleged multiple violations by Eldeco, including pricing the 1,211 sq ft carpet-area unit on an undisclosed “total area/super built-up area” basis of 2,175 sq ft, concealment of built-up area details in customer ledgers, unilateral alteration of payment timelines, and furnishing of a non-standard agreement for sale that deviated from the HRera-approved model agreement. However, the authority noted that the complainant failed to sign and register the agreement for sale (ATS) despite the developer having accepted 10% of the total sale consideration and issued an allotment letter for unit E1-2201.
Eldeco, in its reply, contended that the allotment letter dated 29 Aug 2025 was expressly “provisional and conditional” upon timely execution and registration of the ATS, and that the complainant’s continued failure to do so — despite reminders — entitled it to withdraw the offer, which it did via email on 21 Nov 2025. The developer stated it had since offered a full refund without deductions and reallotted the unit to a third party.
HSIIDC, in its separate reply, said the plot was allotted to Eldeco on an “as is where is” basis with the 66 KV line disclosed in approved zoning plans, and that shifting work with HVPNL was already under way. It observed that the complainant’s allegations, including those relating to area disclosure and floor-area ratio utilisation, remained “unsupported by cogent documentary evidence.”
Holding the complaint “not maintainable and devoid of merit,” HRera dismissed it along with all pending applications and ordered the file consigned to the registry.
