V.K. Jain, Presiding Member—The complainants Gunish Chawla and Darshan Singh Chawla applied for allotment of a residential apartment in a project namely ‘The Corridors’, which the OP was to develop in Sector-67A of Gurgaon and were allotted a residential apartment bearing no. C9-03-303 for a sale consideration of Rs.1,55,72,177.44. The grievance of the complainant is that the possession of the apartment was not offered and even the construction was not completed despite they having already paid Rs.1,43,07,009/- to the OP. An Apartment Buyers Agreement between the parties was executed on 31.3.2014.

2. Clauses 43, 44 & 49 of the terms and conditions of the agreement as contained in the applications, read as under:—

43. Subject to Force Majeure, as defined herein and further subject to the applicant having complied with all its obligations under the terms and conditions of this Agreement and the applicant not having defaulted under any provision(s) of this Agreement including but not limited to the timely payment of the total Sale Consideration, stamp duty and other charges prescribed by the Company, the Company proposes to offer the possession of the said Apartment to the appli