An EOI in real estate, or expression of interest, is a payment that registers a buyer's interest in a project before units are formally allotted. In Gurgaon, whether it is refundable depends on 2 things: the written EOI terms and whether the project is registered with HARERA. The RERA Act's main protections, including a ring-fenced project account, a cap on advance payments, and interest-bearing refunds, apply only once a project is registered. Before registration, the answer to whether an EOI is refundable depends on little more than the paper it is written on.
EOI Meaning in Real Estate
An expression of interest is the first money a buyer puts down for a new project. It usually secures a place in the queue for allotment, a chance at early pricing or entry into a draw of lots. It is not a purchase. No unit is fixed, no price is legally locked in, and no agreement for sale exists at this stage.
Developers use EOIs to measure demand before a launch, and buyers use them to get first choice of tower, floor, and view. The problem with many pre-launch projects in Gurgaon starts when buyers pay the EOI before registration, because RERA protections that make a booking safe apply only to registered projects.
EOI Refund Rules in Gurgaon
Is EOI refundable? Only on the terms written in the EOI form. That form sets whether the money comes back if no unit is allotted, whether it comes back if the buyer changes their mind, and within how many days.
The difference between a registered and an unregistered project is what happens if the promoter does not honour those terms. For a registered project, the buyer can file a complaint with HARERA, which can order a refund with interest. For an unregistered project, there is no project file at HARERA, no declared land parcel, and no designated bank account, so a dispute has to follow a separate civil or consumer route.
RERA Rules for Pre-Launch Projects in Haryana
Among the RERA rules for pre-launch projects, Section 3 is the starting point. It bars a promoter from advertising, marketing, booking, selling, or offering for sale any unit in a project without first registering it. The only exemptions apply to very small projects where the land is no more than 500 sq.m. or the project has no more than 8 apartments, as well as certain completed and renovation projects. Every large luxury launch in Gurgaon falls under this rule.
The penalty under Section 59 is up to 10 percent of the estimated project cost, and a promoter who keeps violating the rule after an order can face imprisonment of up to 3 years, a further fine, or both. Property agents are covered too: under Section 9, an agent must be registered with the authority before selling units in any project.
In August 2026, HRERA Gurugram issued a public advisory asking buyers not to book plots, flats, villas or apartments in unregistered projects and not to rely only on advertisements and brochures. The authority also directed promoters to stop pre-launch advertising until they obtain approvals and registration.
EOI vs Booking Amount
The 2 payments sit at very different legal stages. An EOI comes before allotment and often before the final price list. A booking amount is paid against a specific unit, at a specific price, after the project is registered.
Section 13 of the RERA Act caps what a promoter can collect at this stage. A promoter cannot accept more than 10 percent of the cost of the unit as an advance or application fee without first signing a written agreement for sale and registering it. On a ₹6 crore home, that ceiling is ₹60 lakhs, and any demand above it before a registered agreement is itself a violation.
Once money is collected for a registered project, Section 4 requires 70 percent of it to be kept in a separate bank account and used only for land and construction costs of that project. An EOI paid before registration has no such ring fence.
How an EOI Turns into an Allotment
A transparent EOI process has a fixed window, a published allotment method, and a clear refund for those who do not receive a unit. One example on Golf Course Extension Road is Emaar Amaris in Sector 62, where the developer announced an EOI window from 19 to 23 November 2024, followed by a draw of lots to decide allotment.
The draw method matters because it removes the agent's discretion over who gets the better units. If an EOI form does not explain how allotment will happen, how refunds work for unsuccessful applicants, and within how many days, that is a sign the process is not yet fully defined.
How to Check RERA Registration in Haryana
The quickest way to check RERA registration in Haryana is the authority's own portal. Go to haryanarera.gov.in and open the list of registered projects for Gurugram. Search by the promoter's name or the project name and open the project details page. A valid Gurugram registration number follows a format such as GGM/1054/786/2026/26, followed by the registration date.
On the project detail page, match 3 things: the promoter's legal name, the sector and village, and the land area. A project marketed in Sector 63A should show Sector 63A on its HARERA record, and the promoter named on the record should be the entity that issues your receipts. Projects registered in phases show the area of the registered phase, which can be smaller than the total land in the brochure.
Once Conscient Hines Elevate Vista is registered, its number will appear on its project page and on the HARERA portal, and you can check the same in a few minutes. Until a project shows a HARERA registration number that matches on both, treat any payment as outside RERA protection.
What to Get in Writing Before Paying an EOI?
Before paying, ask for the EOI form and read 4 parts of it closely. First, check the payee, which should be the promoter company itself, not an agent or third party. Second, check the refund clause: it should state a fixed number of days for a refund and say the full amount is returned without deductions if no unit is allotted. The third is the adjustment clause, which should confirm that the EOI amount counts toward the booking amount if you go ahead. The fourth is the agent's HARERA registration number, since unregistered agents cannot sell.
Keep the receipt, the cheque details, and every message about price or unit in one file. If any of these points are missing or vague, ask for a corrected version before the cheque is handed over.
Section 12 of the RERA Act and False Advertising
Section 12 makes the promoter responsible for the accuracy of every advertisement, prospectus and model apartment. If a buyer makes an advance or deposit based on false information in any of these and suffers a loss, the promoter must compensate the buyer. If the buyer withdraws, the promoter must return the entire investment with interest.
This makes brochures, cost sheets and WhatsApp messages from the sales team useful evidence. Save them with dates, especially any statement about size, price, possession date, or amenities.
How Long a RERA Refund Takes in Haryana
When HARERA orders a refund, the promoter usually has 90 days to comply under Haryana real estate rules. Interest is calculated from the date of each payment made by the buyer until the date the refund is actually paid, so a delayed refund keeps adding interest.
If the promoter does not comply, the buyer can file an execution petition before the authority, which can recover the amount as arrears of land revenue. None of these steps is available for money paid toward a project that was never registered, which is the clearest reason to wait for a registration number before paying anything substantial.
FAQs on EOI and Pre-Launch Projects in Gurgaon
What interest does HARERA order on refunds?
Under the Haryana real estate rules, the prescribed rate is the highest marginal cost of lending rate of the State Bank of India plus 2 percent. HARERA applies this rate in refund and delay orders, so the interest owed changes with the lending rate in force at the time.
Can I withdraw from a registered project and get my money back?
If the promoter fails to complete the project or hand over possession as per the agreement, Section 18 allows the buyer to withdraw and receive the full amount paid with interest, plus compensation. A buyer who stays on is entitled to interest for every month of delay until possession.
Is a pre-launch price always lower than the launch price?
Not always. A pre-launch figure is not a legally binding price until it appears in a registered agreement for sale, so the final cost sheet at launch can differ from the number quoted earlier.
How long does HARERA take to register a project?
Section 5 of the RERA Act gives the authority 30 days from a complete application to grant or reject registration. In practice, the gap can be longer when documents are sought; one Sector 63A project was applied on 19 February 2026 and registered on 3 April 2026, a gap of 43 days.
Where can I complain about an unregistered project?
Buyers can bring an unregistered project to the notice of HARERA Gurugram, which can act against the promoter under Section 59. To recover money paid, a buyer can also approach the consumer commission.
Legal Context for This Guide
This guide explains the RERA Act, 2016 and the Haryana real estate rules as in force on 23 October 2026, and is for general information. For a specific EOI, booking or dispute, take advice from a qualified property lawyer.
