V.K. Jain, Presiding Member—The complainant in CC/2218/2016 namely Suniti Kumar Bhat booked a residential flat with the opposite party in a project namely “The Burgundy”, which the opposite party was to develop in Sector 96, 97 and 98 of Noida. Flat No. 2002, F 20, Tower No. 03 was allotted to him vide provisional allotment letter dated 09.12.2011 for a total consideration of Rs.3,46,87,583/-.

2. As per Clause 5(a)(i) of the terms and conditions of allotment, signed on 09.01.2012 the possession was to be offered for carrying out interior and fit outs within thirty months of the terms and conditions, being signed by the allottees subject of course to the force majeure circumstances, The flat therefore ought to have been offered for fit outs on or before 9th July,2014. The grievance of the complainant is that the flat was not offered to them even for fit outs despite they having already paid a sum of Rs.2,51,18,957/- to the opposite party. The complainant is therefore before this Commission seeking possession of the flat allotted to him, along with compensation etc.

3. The complainant in CC/2219/2016 namely S.M. Riaz booked a residential flat with the opposite party in th