V.K. Jain, Presiding Member—The complainants who are husband and wife, booked a residential flat with the OP in a project namely Anthea Floors which the said OP was to develop in Gurgaon. Flat No. 0010 in Block F of the aforesaid project was allotted to them vide allotment letter dated 02.08.2011, for a total consideration of Rs.1,86,35,339/-. The parties then entered into a Buyers Agreement on 18.10.2011, incorporating their respective obligations. As per clause 4(a)(i) of the Buyers Agreement, the possession was to be delivered within 36 months of signing of the Buyers Agreement i.e. on or before 18.10.2014. The grievance of the complainants is that despite they having paid as much as Rs.1853108/-, the OP has failed to even offer possession of the flat to them. The complainants are therefore, before this Commission seeking refund of the amount paid by them alongwith interest @ 18% per annum and compensation for mental agony etc. quantified at Rs.12 lacs.

2. The complaint was resisted by the OP primarily on the ground that they had submitted a revised lay-out plan on 19.09.2011 which was not approved. It is also alleged that the Haryana Government was illegally demandin