Stalled Housing Projects in Gurgaon: Buyer Remedies from HRERA to NCLT

By ADiHomes Updated October 25, 2026 9 min read

Watercolour illustration of buyers at the fence of a stalled tower project with an idle crane

Contents

Gurugram has some of the best-delivered housing in the country and also a long list of projects that stopped halfway: towers without facades in the New Gurgaon sectors, affordable-housing projects that missed their completion deadlines, and group housing caught in insolvency or licence disputes. If your flat is in one of them, you have more options than waiting. This guide explains how to tell whether a project is genuinely stalled, the remedies under RERA, the insolvency route, the role of the town planning department, and how to decide between refund, staying on with interest, and a collective takeover.

Is the project stalled or only delayed?

The remedy depends on what is actually happening at site and on paper. Check these before choosing a route:

Site activity. Visit on a working weekday. Count labour, check whether slabs or finishing have progressed since your last visit, and photograph the date-stamped site.
RERA status. Look at the project page on the HRERA Gurugram portal for the declared completion date, extensions and quarterly progress reports. A registration that has lapsed or been revoked changes your options sharply (see Section 8 below).
Licence status. Group housing in Gurugram is built on a licence from the Department of Town and Country Planning, Haryana. A lapsed or suspended licence, or unpaid external development charges, can freeze approvals including the occupation certificate. Our guide to verifying a DTCP licence explains how to read the licence details.
Company status. Check whether the developer company is already in a corporate insolvency resolution process (CIRP) before the NCLT. If it is, a moratorium applies and most RERA proceedings against it pause.
Force majeure extensions. HRERA Gurugram extended completion timelines by four months for projects whose completion dates fall on or after 28 February 2026, citing the West Asia war, for projects registered on or before 31 July 2026. A delay of a few months may be legally covered; a delay of years is not.

Your remedies at a glance

Route	What you get	Best when	Main drawback
RERA refund (Section 18)	Your money back with interest at the prescribed rate	You want out and the builder still has assets or cash	Recovery can be slow if the builder is broke
RERA delay interest (proviso to Section 18)	Monthly interest until possession	The project is moving, only late	Interest is only as good as the builder’s ability to pay
Completion through the authority or allottees (Section 8)	Remaining work done by an agency or the association of allottees	Registration has lapsed or been revoked	Needs organised buyers and funding
Insolvency (IBC Section 7)	A collective resolution process; buyers sit on the committee of creditors	The company is insolvent and many buyers are affected	Moratorium freezes individual claims; outcomes vary
Consumer commission	Refund and compensation	Alternative forum for some claims	Do not pursue the same relief in two forums

RERA remedies in detail

Refund or interest under Section 18

If the promoter fails to complete or give possession by the date in the agreement, or stops business because its registration is suspended or revoked, Section 18 lets you withdraw and claim a refund of everything paid with interest and compensation. If you stay, you are entitled to interest for every month of delay until possession. In Haryana the interest rate in the rules is SBI’s highest MCLR plus 2 percent. Compensation beyond interest is claimed separately before the adjudicating officer under Section 71.

Recovery when the builder does not pay

Unpaid amounts ordered by HRERA, the adjudicating officer or the appellate tribunal are recoverable as arrears of land revenue under Section 40. That lets the district revenue administration attach and sell the builder’s property. Pursue execution promptly: once a company enters insolvency, the moratorium stops recovery actions.

Section 8: when registration lapses or is revoked

Section 8 says that on lapse or revocation of a project’s registration, the authority may consult the state government and take such action as it thinks fit, including having the remaining development carried out by the competent authority or by the association of allottees. If registration is revoked, the association of allottees gets the first right of refusal to complete the project. This is the legal basis for buyer-led completion; it works best where land and approvals are clean and buyers can raise or borrow the funds to finish.

Ask HRERA for project-level directions

Beyond individual refunds, associations can ask the authority to inspect the project, direct the promoter to deposit collections into the designated account, freeze sales of unsold inventory, or appoint an agency to monitor. Collective complaints are cheaper and carry more weight than dozens of separate ones.

The insolvency route

Homebuyers have been treated as financial creditors under the Insolvency and Bankruptcy Code since the 2018 amendment, which the Supreme Court upheld in Pioneer Urban Land and Infrastructure v. Union of India (2019). The IBC (Amendment) Act, 2020 added a threshold: an application by allottees must be filed jointly by at least 100 allottees of the same project or 10 percent of the total allottees, whichever is lower. That means a few buyers cannot start insolvency alone.

Moratorium. Once the NCLT admits the case, a moratorium bars most suits and recovery proceedings, including RERA execution against the company.
Committee of creditors. Buyers vote as a class through an authorised representative and can shape the resolution plan.
Project-wise or “reverse” CIRP. In Flat Buyers Association Winter Hills-77 v. Umang Realtech (2020), a case involving a Gurugram project, the NCLAT allowed the promoter to fund completion of the project within the insolvency process instead of a full takeover. Later tribunal decisions applied a project-wise approach, though tribunals have also refused this where promoters caused the delay. A project-wise approach can protect other, healthier projects of the same group.
Risk. Buyers are not secured creditors, and a resolution plan may offer delayed possession rather than full refunds. In Ansal Properties and Infrastructure’s ongoing insolvency, for example, the company’s stock-exchange filings show its Gurugram Fernhill project still being handled through committee-of-creditors meetings.

What has worked elsewhere in NCR

Court-supervised completion. For Amrapali in Noida and Greater Noida, the Supreme Court in Bikram Chatterji v. Union of India (2019) cancelled RERA registrations and put NBCC in charge of completion. NBCC is now also completing 16 Supertech projects under an NCLAT order upheld by the Supreme Court in February 2026; NBCC’s separate plea for RERA exemptions was pending before the Supreme Court in August 2026.
Policy packages. Uttar Pradesh adopted a rehabilitation package based on the Amitabh Kant committee’s recommendations in December 2023, letting builders pay 25 percent of recalculated land dues upfront to unlock registries. Haryana’s licence-based system works differently, so do not assume a similar package exists for your Gurugram project; check DTCP notices.
Bank accountability. In subvention-linked projects across Noida, Greater Noida and Gurugram, the Supreme Court directed the CBI in September 2025 to investigate the builder-bank arrangement. If your stalled flat came with a subvention loan, join or follow that litigation.

Step-by-step plan for buyers in a stalled Gurugram project

Step 1: Organise. Form or join a registered buyers’ association. Collect each member’s unit, amount paid, loan details and preferred outcome (refund or flat).
Step 2: Gather records. RERA registration and extensions, DTCP licence details, agreements, payment proofs, demand letters and site photographs.
Step 3: Check the company. Search NCLT records and stock-exchange filings for insolvency, and the RERA portal for orders against the same promoter.
Step 4: Send a joint legal notice asking for a revised schedule, escrow statements and the status of approvals.
Step 5: File before HRERA. Individual refund or interest complaints plus an association complaint for project-level directions.
Step 6: Execute quickly. Convert orders into recovery certificates before other creditors move.
Step 7: Consider IBC only collectively and with a clear view of whether a resolution applicant or project-wise completion is realistic.
Step 8: Keep paying the home loan or negotiate with the bank. A default damages your credit record even if the builder is at fault.

Red flags that a delay is becoming a stall

Repeated extension applications without new funding or a construction contractor on site.
Demands for money not linked to any construction stage.
Requests to pay into a different company’s account rather than the project’s designated account.
Unsold inventory being sold at deep discounts to raise cash.
Pending EDC dues or licence renewal notices from DTCP.
Possession being offered without an occupation certificate.

As of October 2026

The statutory provisions come from the RERA Act and published commentary on the IBC. Case outcomes, extension orders and state policies change; check the latest HRERA orders and NCLT records for your project before acting. This is general information, not legal advice.

Frequently asked questions

Can I get a refund from a stalled Gurugram project?

Yes. Under Section 18 of the RERA Act you can withdraw and claim a refund with interest at the Haryana prescribed rate, plus compensation through the adjudicating officer. Recovery depends on the builder's assets.

How many buyers are needed to start insolvency against a builder?

Since the 2020 amendment, an application by allottees must be filed jointly by at least 100 allottees of the same project or 10 percent of its allottees, whichever is lower.

What happens to my HRERA case if the builder enters insolvency?

Once the NCLT admits the case, a moratorium bars most proceedings and recovery against the company. You then file your claim with the resolution professional as a financial creditor.

Can buyers complete a stalled project themselves?

Section 8 lets the authority have remaining work carried out by the competent authority or the association of allottees when registration lapses or is revoked, and gives the association the first right of refusal after revocation.

Should I stop paying my home loan EMIs?

No. Your loan contract is with the bank. Missing EMIs harms your credit record. Raise disputes about disbursements with the bank in writing and through the courts or forums.

Sources

Updated 25 October 2026. This article is general information, not legal or financial advice; check current rules and project details before you decide.

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How to Check a Builder’s Track Record in Delhi NCR: RERA, NCLT and Site Checks October 25, 2026
Encumbrance Certificate and Title Search in UP, Haryana and Delhi: Where to Check Before You Buy October 25, 2026
Transfer of an Under-Construction Flat: Buying from the Original Allottee in Noida and Gurugram October 25, 2026