Punjab and Haryana High Court: prospective home buyers can also go to RERA
· Reported by LiveLaw
Buyers who have paid money but are not yet allottees on paper can file before the authority, so a complaint cannot be thrown out for want of a completed allotment.
What this changes for a title check
The Punjab and Haryana High Court held that a buyer who has only paid money toward a project that has not yet been formally allotted still counts as an allottee under RERA, and can file a complaint with the authority. The developer had argued the buyers had no standing because there was no project yet to allot into; the Court called that argument rudderless and confirmed both existing and prospective allottees can approach RERA.
For due diligence on an under-construction purchase, this means a buyer's payment receipts carry real legal weight even before a formal allotment letter is issued. A missing allotment letter in a builder-buyer file is not proof the buyer has no enforceable claim, if there is a clear record of money paid toward a specific unit or project, RERA jurisdiction still applies. Anyone assessing risk on a stalled project should be checking payment trails, not just whether paperwork was completed.
Checking title on a property in Punjab or Haryana? and get the encumbrance, registration and revenue records read together.