M3M resorts to illelgal construction, Court halts it

Mumbai: National Consumer Disputes Redressal Commission (NCDRC) has ordered M3M to stop construction of an additional tower, the 11th one, in its housing project in 67 Sector 67 in Gurgaon. The court termed the tower “illegal” after hearing a petition filed by as many 300 home buyers of ‘M3M Merlin’ project.

The court ruled that M3M and another developer Consolidate Realtors Pvt Ltd did not take approval of the residents of the project before altering the layout and constructing an additional tower. This 11th tower was not part of the original layout of the project .

The commission said, “Thus, going for a new tower is a clear deficiency of service in terms of the Consumer Protection Act, 2019, and Haryana Apartment Ownership Act, 1983. It is another matter that if the builder had obtained the consent and then applied for change in the site plan along with permission for a new tower, it would have been in order as per the statutory provision. Having not obtained this consent, we take the construction as violation of the aforementioned statutes… We deem the construction of tower 11 as illegal and direct the opposite parties not to proceed with its construction.”

“In our considered opinion, obtaining the consent of flat owners becomes essential when a new tower is being constructed and which is in deviation to the certain approval, site plan, number of towers, occupation certificate, etc. initially promised to the allottees and as per Haryana Apartment Ownership Act, 1983,” the order added.

In May 2019, the residents came to know that the two real estate company M3M and Consolidate Realtors were planning to construct the additional tower without taking their consent. They first complained to the two companies and not getting any solution they also went ahead and complained to DTCP, Haryana.