V.K. Jain, Presiding Member—The complainants booked a residential flat with the opposite party in a project, namely, Araya, which the opposite party was seeking to develop at Village Ghatta, Sector-62 of Gurgaon. Unit No. C-2302 in Tower-C of the project was allotted to the complainant pursuant to the booking made by them on 17.4.2012. The parties then executed a Buyers Agreement dated 25.5.2012. As per Clause 11.2 of the Buyers Agreement, the developer was to make all efforts to apply for the Occupancy Certificate within 39 months from the date of excavation though it was also entitled to a grace period of 180 days. As per Clause 11.5 of the Agreement, the possession was to be delivered to the complainant within 45 months from the date of excavation. The construction, therefore, was expected to be completed within 45 months from the start of the excavation. Admittedly, excavation of the tower in which the flat allotted to the complainants was located, started on 4.6.2012. The construction, therefore, should have been completed by 4.3.2016.

2. The grievance of the complainants is that the possession of the allotted flat has not been offered to them despite they having already