V.K. Jain, Presiding Member—The complainant booked a residential flat/floor with the opposite party in a project, namely, ‘Anthea Floors Wildflower Country’ which the opposite party was to develop in Gurgaon. Floor No.01 in Block-F was allotted to the complainant for a consideration of Rs.1,04,35,422/-. The parties then entered into a Buyers Agreement dated 28.10.2011, incorporating their respective obligations. In terms of clause 4.a (i) of the said agreement, the possession of the floor was to be delivered to the complainant within 36 months from its execution though the OP was entitled to a grace period of three months. The possession therefore, ought to have been delivered by 28.10.2014 and in any case, by 28.01.2015. The possession of the flat having not been delivered to him, despite he having already paid an amount of Rs.46,18,256/- towards part consideration and Rs.11,000/- towards interest in delayed payment to the OP, the complainant is seeking refund of the amount of Rs.46,18,256/- with compensation etc.

2. The opposite party did not file the written version and its right to file the written version was therefore, closed vide order dated 17.07.2017. I have he