There isn't an absolute right or wrong with TA like this on a chart. The chart is evidence of what the the market has done, not of what it will do next. What you call the price action - whether you call it a ChoCh or something else - is your subjective analysis. It's not universal, but it can be very useful for you to guide your trade decision-making.
If you're following someone else's rules that feature ChoCh in their strategy, then that strategy should define what price action looks like in order to show a ChoCh. If the strategy is ambiguous or too complex to use safely, change strategies.