The project M3M Merlin was announced in 2011 and the brochure mentioned that the project area would be 13.344 acres with 10 towers to be constructed with world-class amenities.
Days after the National Consumer Disputes Redressal Commission (NCDRC) ordered real estate developer M3M to halt construction of an eleventh tower in its residential project M3M Merlin in Gurgaon’s sector 67, many who have invested in the tower and booked properties said they had been left in the lurch. Homebuyers who had invested in the under-construction tower, now deemed “illegal”, said they were anxious and in a state of panic.
“I was looking for a ready-to-move apartment last year and got in touch with a property dealer, who suggested this project. I was told it’s a standalone tower and would be built quickly. I paid a token amount and booked a flat in February 2021. Later with an assurance that approvals from RERA had come, I paid more than Rs 1 crore, which is about 50 percent of the total amount. It was not disclosed to me that the matter is under litigation… now I am stuck,” said a home buyer, requesting anonymity.
“I have suffered a big loss… It is a fraudulent sale considering that complete information was not disclosed,” he added.
Hearing a complaint filed by 300 home buyers of M3M Merlin, the NCDRC on June 23 had ruled that the developers of the project, M3M India Private Limited and Consolidate Realtors Private Limited, did not take consent of the residents of the already built 10 towers of the project before taking the approval of the Directorate of Town and Country Planning for changing the layout and constructing a new tower, and that 11th tower was not included in the original layout plan.
The project M3M Merlin was announced in 2011 and the brochure mentioned that the project area would be 13.344 acres with 10 towers to be constructed with world-class amenities. The initial plan also included a low-rise Economically Weaker Section (EWS) building on one corner. The layout was revised and approved in January 2014 and the area, which was earlier shown as EWS housing, was changed to an area for future development. The developer obtained the occupation certificate (OC) in March 2017 and in the OC issued by DTCP, the number of towers was limited to 10 towers. The developer filed the deed of declaration in June 2017 and the number of towers was mentioned as 10.
In 2020, the developers managed to get approval for a revised building plan for tower 11 in the EWS block of the project.
Another homebuyer said he had paid Rs 1.25 crore for a property in the 11th tower. He said, “I am reaching out to the developer for some clarity. I was not aware of any legal issues and was told that all clearances had been taken. I borrowed some money to make the payment.”
Another homebuyer, requesting anonymity, said that he had booked a 3 BHK in the 11th tower and paid Rs 10 lakh as the booking amount.
“I have only paid a partial amount for the booking. Since the order was pronounced, there has been uncertainty. We do not know if the construction will go ahead. I put money into this project for investment purposes, but I am now thinking of asking for a refund. I have reached out to other people who had invested in the tower and the developer to seek clarity,” said the homebuyer.
On Friday, a spokesperson for M3M had told The Indian Express, “M3M has high regards for NCDRC, however we believe that the facts have been falsely presented against M3M by the complainants. We now propose to take this matter further for justice.”
