HRERA: provisional allotment alone does not make one an allottee (Eldeco Fairway Reserve)

The case

In a decision reported on 22 August 2026, the Haryana Real Estate Regulatory Authority, Gurugram dismissed a complaint filed by a buyer entity against Eldeco Infrastructure and Properties Ltd concerning a unit in Eldeco Fairway Reserve, Sector 80, Gurugram.

According to the report, the complainant had paid a booking amount and received a provisional allotment letter. The letter said the allotment was conditional on signing and registering an agreement for sale. That agreement was never executed despite several reminders from the developer, which then cancelled the provisional allotment.

What the authority held

• A booking payment and a provisional allotment letter do not, by themselves, make someone an “allottee” under the RERA Act.
• Without a final allotment and an executed agreement for sale, the promoter-allottee relationship that RERA protects had not come into existence.
• The cancellation was upheld and the complaint dismissed.

Why it matters for buyers

Many Gurugram launches now work in stages: booking amount, provisional allotment, then an agreement for sale weeks later. This ruling signals that buyers who do not complete the paperwork on time can lose the unit and may have weaker remedies under RERA. It also matters when buyers try to flip a unit before the agreement is signed.

The ruling does not decide whether the booking amount must be refunded in full; that depends on the terms in the application form and the applicable rules on deduction on cancellation, which buyers should read before paying.

What to do

• Read the provisional allotment letter for deadlines and conditions, and diarise them.
• Insist on executing and registering the agreement for sale within the time allowed; RERA limits how much a promoter can collect before the agreement is signed.
• Keep written records of all reminders and replies.
• If the developer delays the agreement, raise it in writing immediately – the position is different when the fault lies with the promoter.

This summary is based on a news report of the decision; we have not reviewed the full order text.

Eldeco Fairway Reserve is one of several premium projects in the Sector 80 area along the Dwarka Expressway-NH-48 link; buyers comparing units there should apply the same caution to any staged booking process.