V.K. Jain, Presiding Member—

CC/238/2017

The complainants booked a residential flat with the OP in a project namely ‘Araya Complex’ which the OP was to develop in Sector-62 of Gurgaon. The booking was made on 17.11.2011. Unit No.C-1702 in Tower-C of the aforesaid project was allotted to the complainants for a consideration of Rs.5,11,01,238/-. The parties then executed an Apartment Buyers Agreement dated 16.03.2012, incorporating their respective obligations. As per clause 11.2 of the said agreement, the developer was to make all efforts to apply for the Occupancy Certificate within 39 months from the date of excavation, thought it was also entitled to a grace period of 180 days, after expiry of the said 39 months period. The grace period was available for applying and obtaining the requisite Occupancy Certificate. Admittedly, the excavation started on 04.06.2012. The construction therefore, ought to have been completed and the developer ought to have applied for the Occupancy Certificate on or before 04.09.2015. Since the construction was not completed within the aforesaid period, the complainants have approached this Commission seeking refund of the amount of Rs.4,43,99,622/-