Haryana RERA dismisses Tata Primanti buyers’ claims after conveyance deed signed without protest

Haryana RERA has dismissed a compensation claim against Tata Housing over its Tata Primanti project in Gurugram’s Sector 72, ruling that the buyers’ execution of the conveyance deed without protest or reservation barred their subsequent claims. The authority also noted the occupation certificate had

The Haryana Real Estate Regulatory Authority (Haryana RERA) has dismissed a complaint against Tata Housing Development concerning its Tata Primanti project in Sector 72, Gurugram, ruling that homebuyers who execute a conveyance deed without protest or reservation cannot pursue subsequent monetary claims.

The order, issued by Chairman Arun Kumar and uploaded to the authority’s website on 29 Sep, came in a case brought by homebuyers Chanchal Batra and Neeraj Batra. They had sought compensation for alleged delay, a refund of maintenance and electricity charges, and Rs 22.2 lakh towards pending amenities and facilities. They also raised issues concerning alleged structural defects in the villa, identified as unit VA-8, measuring around 3,887 sq ft.

The buyers had entered into an apartment buyer’s agreement with Tata Housing and later took possession of the property. The conveyance deed was executed on 8 Sep 2022. Haryana RERA noted that the buyers had not raised a protest or reserved their claims while executing the document, and there was no allegation that the deed had been obtained through coercion or any unfair means.

The authority also highlighted that the occupation certificate for the project had been obtained before the buyers’ allotment, which it said impacts the validity of post-deed claims. Consequently, Haryana RERA did not accept the buyers’ attempt to pursue their claims.

The order, however, does not amount to a blanket ruling that execution of every conveyance deed automatically extinguishes all subsequent claims by a homebuyer. The authority said its finding arose from the specific circumstances of the Tata Primanti case, including the execution of the deed without protest or reservation.