The Haryana Real Estate Regulatory Authority (Haryana RERA), Gurugram, has rejected a complaint after determining that a provisional booking by itself was not sufficient to establish the complainant's status as an allottee under the Real Estate (Regulation and Development) Act, 2016. 
The ruling focuses on the distinction between an initial expression of interest or provisional booking and a formal allotment supported by the documentation contemplated under the RERA framework. The authority found that the existence of a provisional booking, without the necessary subsequent documentation, could not automatically create the legal relationship required for the complainant to seek relief as an allottee. 
Under RERA, the relationship between a promoter and an allottee carries specific statutory obligations and rights. The authority's approach indicates that those rights must be established through the relevant transaction documents and circumstances rather than inferred solely from an initial booking. 
The case also highlights the importance of distinguishing between different stages of a property transaction. A prospective purchaser may initially submit a booking request or pay an amount to indicate an intention to acquire a unit. However, such a step does not necessarily mean that the purchaser has acquired the same legal status as a person to whom a unit has formally been allotted. 
This distinction can become particularly important when a dispute is brought before a real estate regulatory authority. A complainant seeking relief under RERA must first demonstrate that the transaction falls within the statutory framework and that the parties have the relationship recognised by the legislation. 
The authority's reasoning places emphasis on the documentary foundation of an allotment. Where a provisional booking has not progressed into the subsequent stages of the transaction, questions can arise over whether the person making the booking qualifies as an allottee for the purpose of invoking specific provisions of the Act. 
The decision therefore carries relevance for both homebuyers and promoters. For buyers, it reinforces the need to retain documents showing the progression of a transaction from booking to allotment and, where applicable, an agreement for sale. Payment records, allotment letters, correspondence and contractual documents can collectively help establish the nature of the relationship between the parties. 
For developers, the ruling highlights the importance of maintaining clear records at every stage of the booking and allotment process. Accurate documentation can help establish whether a transaction remained provisional or subsequently matured into a formal allotment. 
The decision should not, however, be interpreted to mean that every booking falls outside RERA protection. The legal position will depend on the facts of each transaction, including the documents executed, payments made, unit identified and the conduct of the parties. 
The ruling also illustrates the authority's broader role in determining whether a complaint is maintainable before it proceeds to examine substantive claims. Establishing jurisdiction and the statutory status of the parties can be a necessary preliminary step before considering allegations concerning refund, possession, delay or other promoter obligations. 
Haryana RERA's official framework is designed to regulate relationships between real estate developers and apartment buyers and provide a mechanism for resolving disputes under the RERA Act. 
For prospective buyers, the practical takeaway is that a provisional booking should not be treated as equivalent to a completed allotment without examining the underlying documentation. Buyers should ensure that formal allotment records and the agreement for sale are obtained where applicable, particularly before making substantial payments. 
The order consequently underscores a basic principle in real estate transactions: the legal status of a purchaser depends on the substance and documentation of the transaction, not merely on the label attached to an initial payment or booking. 
The decision is likely to be relevant in future disputes where purchasers rely on preliminary booking documents to establish allottee status. It reinforces the need for parties appearing before RERA authorities to clearly demonstrate the contractual and statutory basis of their claims. 
Source- Haryana RERA