Ajit Bharihoke, Presiding Member—Complainant Ram Balakrishnan is a Non Resident Indian settled in USA. The complainant on coming to know about development project undertaken by the opposite party approached the opposite party for booking of an apartment in the said project. The complainant vide letter dated 20.8.2007was allotted Flat No.8s LH-1004 on payment of Rs.24,53,940/-. The total consideration payable in respect of the said flat was Rs.98,13,760/-. The consideration amount as per the agreement was to be paid in construction link installments and the opposite party was supposed to deliver the possession of the subject apartment to the complainant within three years of the allotment with three months’ grace period, subject to force majeure. According to the complainant on getting the communications regarding the progress of the construction, the complainant kept on making payment of the installments and in all he has paid a sum of Rs.76,48,940/- against the consideration amount. The stipulated date for delivery of possession even after the grace period has long expired but the possession of the subject flat has not been delivered to the complainant. According to the compl