IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 22.03.2022 Date of Hearing: 28.11.2025 Date of Decision: 27.01.2026 COMPLAINT CASE NO.- 49/2022 IN THE MATTER OF MR. KARAN AGGARWAL, S/O SH. KAMAL KUMAR AGGARWAL, R/O HOUSE NO. 3, FIRST FLOOR, ROAD NO. 8, JAIDEV PARK EAST, PUNJABI BAGH, NEW DELHI-110026.

(Through: Mr. Z. Rehman &

Mr. Abdullah Tanveer, Advocates)

…Complainant VERSUS

1. M/S M3M INDIA LIMITED, (THROUGH ITS DIRECTORS)

HAVING ITS REGISTERED OFFICE AT PARAS TWIN TOWERS, TOWER B, 6TH FLOOR GOLF COURSE ROAD, SECTOR 54, GURGAON, HARYANA-122002.

2. MR. ROOP KUMAR BANSAL (DIRECTOR)

M/S M3M INDIA LIMITED APARTMENT NO. 103-B, THE ARALIAS DLF GOLF LINKS, GOLF COURSE ROAD, GURGAON-122009.

3. MR. VIVEK RANJAN (DIRECTOR)

M/S M3M INDIA LIMITED B-9, CLOUD NINE COTTAGES VILLAGE, DHUMASPUR, GURGAON-122101.

4. MR. PANKAJ BANSAL (DIRECTOR), M/S M3M INDIA LIMITED, APARTMENT NO. 103-B, THE ARALIAS DLF GOLF LINKS, GOLF COURSE ROAD, GURGAON-122009.

5. MR. VIJAY KUMAR AGGARWAL (DIRECTOR), M/S M3M INDIA LIMITED, P-3, BLOCK-P, BUDH VIHAR, NEW DELHI-110086

6. MS. RASHMI GUPTA (DIRECTOR), M/S M3M INDIA LIMITED, PARAS TWIN TOWERS, TOWER B, 6TH FLOOR GOLF COURSE ROAD, SECTOR 54, GURGAON, HARYANA-122002.

(Through: Mr. A. R. Takkar, Advocate)

…Opposite Parties CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Complainant in person.

Mr. Z. Rahman, Counsel for the complainant.

Mr. Yash Dewan and Ms. Avantika Thakur, Counsel for the OP.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present complaint has been filed by the Complainant before this Commission alleging deficiency in service and unfair trade practices by the Opposite Parties and has prayed the following reliefs:

a) “Direct the OP 1 to OP 6 to pay Rs. 1,00,38,780.00 (Rupees One crore Thirty-Eight Thousand Seven Hundred and Eighty Only) along with simple interest of 24% p.a. to the Complainant from 19.01.2015 i.e., from the date of delivery of Apartment till the present day, or b) Direct the OP 1 to OP 6 to execute the conveyance deed of the Apartment and handover the physical and vacant possession of the flat to the Complainant along with interest for delayed possession of Apartment, c) Direct the OP to compensate an amount of Rs. 10,00,000/-

to the Complainant of the mental harassment she has suffered from pillar to part with her query to the Representatives of the OP.

d) Direct the OP to pay Cost of litigation of Rs. 25,000/-.

e) Any other relief which this Hon'ble Commission deems fit and proper in the facts and circumstances of the case may also be granted in favour of complainant in the interest of justice.”

2. Brief facts necessary for the adjudication of the present complaint are that on

22.07.2011, the Complainant submitted an application form to book an apartment in the project namely “M3M Merlin” of the Opposite Party No. 1 and paid an advance amount of Rs. 7,00,000/- to the Opposite Parties. Further, the Opposite Parties have allotted an Apartment bearing no. MM TW-C03/0102 admeasuring a super area of approximately 2025 sq. ft. located at Floor 01 in Merlin Tower C03 of the housing project of the Opposite Parties. Thereafter, the Apartment Buyer’s Agreement dated 23.07.2011 was entered between the Complainant and the Opposite Parties and a provisional Allotment Letter dated 22.09.2011 was issued in favour of the Complainant. As per the clause 16.1 of the Apartment Buyer’s Agreement, the Opposite Parties assured that the said project shall be completed within a period of 36 months from the date of commencement of construction with a grace period of 180 days. The Complainant without fail and diligently paid the instalments as and when requested by the Opposite Parties. However, after noticing no progress and utter delay in the development of the said Project and upon expiry of 36 months along with the grace period of 180 days, the Complainant stopped making payments to the Opposite Parties simu