In a decision dated July 23, 2026, the Haryana Real Estate Regulatory Authority (HRERA) ordered Chintels India to restore a previously cancelled plot in its International City-Plots project, located in Sector 106, Gurugram. Additionally, the regulator instructed the developer to pay delayed possession interest at an annual rate of 10.8%. This ruling was made by HRERA member Phool Singh Saini.
Dispute Surrounding Plot L-001
The case in question involves Plot L-001, situated in Block L, which spans 577 square yards. Initially, this plot was allotted in May 2016 for a sale price exceeding INR 2.7 crore, with an agreement executed in August 2019. Subsequently, Sangeeta Aggarwal, Kamla Devi, and Varsha Aggarwal acquired the plot from the original allottees through an agreement to sell dated April 8, 2022, which Chintels India recorded in its documents the same month.
Although the buyers had paid approximately INR 1.3 crore, they did not receive possession of the plot. After Chintels India cancelled the plot, the buyers approached HRERA. The developer justified the cancellation by citing circumstances beyond its control, including the provisional attachment of part of the licensed land by the Enforcement Directorate in April 2021 and a High Court order to maintain the status quo regarding possession.
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Regulatory Decision
HRERA rejected the developer’s force majeure defense, noting that the project was still ongoing and there was no record of an application for an occupation certificate. The authority referenced the Real Estate Appellate Tribunal’s ruling in Vatika Ltd vs Raj Kumar Maggon when examining the buyers’ rights under Section 18(1) of the RERA Act. It was determined that the decision to withdraw from a project and seek a refund, or to remain invested and claim the applicable delay remedy, is the allottee’s to make. A promoter cannot unilaterally impose a refund on a buyer who wishes to continue with the project.
Consequently, HRERA set aside the cancellation and instructed Chintels India to reinstate the original plot within 30 days. This ruling clarifies that regulatory or legal hurdles affecting a project do not automatically negate an allottee’s statutory remedies, particularly when the buyer chooses to remain invested rather than accept a refund.
Financial and Possession Directives
If reinstatement is not possible, Chintels India must offer an alternative plot of the same size, location, and price. The authority also directed the developer to pay delayed possession interest at 10.8% per annum from February 17, 2024, the possession due date considered in the order. Furthermore, the developer must hand over possession and execute the conveyance deed within three months of obtaining the occupation certificate, and refrain from levying holding charges or other amounts not provided for under the buyer agreement. Chintels India has stated that it will review the order and decide its future course of action.
