Major setback for M3M as Haryana REAT revokes cancellation of 3 units over unpaid dues

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In a major setback for M3M, HREAT quashed unit cancellation orders after finding promoter Manglam Multiplex Private Limited in direct breach of buyer agreement terms. Specifically, the Haryana Real Estate Appellate Tribunal (HREAT) in Panchkula overturned an earlier HRERA Gurugram ruling that supported the developer. Furthermore, the appellate bench ordered the promoter to hand over possession of the commercial units to the home buyers within 90 days.

A tribunal bench comprising Chairman Justice Rajan Gupta and Technical Member Dinesh Singh Chauhan ruled on three connected appeals filed by affected buyers. Specifically, the case involved unit allottees Neeraj and Vandana Bhagat, Amarjit Singh, and Varun and Tanu Ahuja in Sector 65, Gurugram.

The tribunal observed that Clause 9.3 of the builder-buyer agreement mandated a 90-day grace period to clear outstanding dues. Additionally, the developer was required to provide at least 30 days of advance notice before executing any allotment cancellation.

Case ParameterTimeline & Legal Violation Details
Project & LocationM3M 65th Avenue, Sector 65, Gurugram
Project PromoterManglam Multiplex Private Limited
Adjudicating BodyHaryana Real Estate Appellate Tribunal (HREAT)
Possession Offer DateOctober 25, 2021
Pre-Cancellation NoticeNovember 25, 2021
Illegal Cancellation DateDecember 10, 2021 (Issued in just 15 days)
HRERA Order OverturnedJuly 23, 2024 order quashed

Appellate tribunal orders promoter to hand over commercial units

Consequently, the tribunal declared the December 10, 2021 cancellation letters completely illegal and void. The developer issued pre-cancellation notices on November 25 and cancelled the allotments just 15 days later, depriving buyers of their contractual remedy window.

Furthermore, HREAT directed Manglam Multiplex to hand over possession upon payment of legitimate dues and settlement of accounts. Meanwhile, in the lead appeal, the allottees had already paid ₹1 crore out of a total sale consideration of Rs 3 crore.

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