Gurgaon: Haryana Rera has directed Chintels India to reinstate a cancelled plot in its International City-Plots project in Sector 106, rejecting the developer’s force majeure defence over an Enforcement Directorate land attachment and a court-ordered status quo.The order, passed by HRera member Phool Singh Saini on July 23, 2026, came on a plea filed by Sangeeta Aggarwal, Kamla Devi and Varsha Aggarwal. The three had bought plot no. L-001 in Block L, measuring 577 square yards, from the project’s original allottees — Rajni Kumar, Brig Narender Kumar and Jayant Kumar — under an agreement to sell dated April 8, 2022. Chintels endorsed the transfer in its records the same month.The plot was originally allotted in May 2016 for a total sale consideration of over Rs 2.7 crore under a plot buyer’s agreement executed in Aug 2019. The complainants had paid around Rs 1.3 but never received possession.The buyers alleged the developer induced purchasers with “rosy pictures” of the project while failing to complete development years past the due date. Chintels cited ED’s provisional attachment of part of the licensed land in April 2021, and a high court status quo order on possession over parts of the project, as force majeure events barring the complaint under the buyer’s agreement. It also argued the complainants were subsequent purchasers who bought with full knowledge of the encumbrances and could not now seek relief.Without prejudice to that stand, Chintels said it had returned the full Rs 1.3 crore — first by cheque, then, after the cheque went uncashed, by RTGS. The complainants sent the money back, saying they wanted to continue with the project rather than exit it.HRera rejected both the jurisdictional and force majeure objections, holding the project remains “ongoing” in the absence of any record showing an occupation certificate had even been applied for. Citing Real Estate Appellate Tribunal’s ruling in Vatika Ltd vs Raj Kumar Maggon, the authority held that under Section 18(1) of Rera, the choice between exiting a project with a refund or continuing with it and claiming delay interest lies solely with the allottee — a promoter cannot impose a refund on a buyer who wants to stay invested.The authority set aside the plot’s cancellation and directed Chintels to reinstate it — or allot an alternate unit of the same size, location and price — within 30 days. It ordered the developer to pay delayed possession interest at 10.8% per annum from the due date of Feb 17, 2024, hand over possession and execute the conveyance deed within three months of obtaining the occupation certificate, and refrain from levying holding charges or any amount outside the buyer’s agreement.A spokesperson for Chintels said the order will be reviewed once received, after which the developer will decide its future course of action.
