Gurgaon: A homebuyer’s decision to execute a conveyance deed without raising objections or reserving claims can weigh heavily against subsequent monetary claims, Haryana Real Estate Regulatory Authority (HRera) has held even as it dismissed a complaint against Tata Housing Development in a matter pertaining to its project in Sector 72.One of the key issues before the authority was whether the buyers could pursue their claims after execution of the conveyance deed. The deed was executed on Sept 8, 2022. Bringing relief to Tata Housing, HRera noted that the buyers had not raised a protest or reserved their claims while executing the document. There was also no allegation before the authority that the deed had been obtained through coercion or any unfair means, HRera said.Chairman Arun Kumar’s order — uploaded on HRera’s website on Sept 29 — came in a case concerning a villa in Tata Primanti, where homebuyers Chanchal Batra and Neeraj Batra had sought compensation for alleged delay, besides refund of maintenance and electricity charges and Rs 22.2 lakh towards pending amenities and facilities. They had also raised issues concerning alleged structural defects in the villa. The case involved villa number 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 authority also considered the project’s occupation certificate (OC). Tata Primanti had received its OC on June 23, 2017, while the villa was allotted to the complainants in Oct 2021. HRera found that the property had already received the requisite OC before it was allotted to the complainants and rejected their claim for delay compensation.HRera’s finding on the conveyance deed was significant in considering these claims. The authority noted that the complainants had taken possession and executed the conveyance deed without protest, objection or reservation of their claims. The authority consequently did not accept the buyers’ attempt to pursue the 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. Its finding arose from the specific circumstances of the Tata Primanti case, including the execution of the deed without protest or reservation.
