V.K. Jain, Presiding Member—The complainants booked a residential flat with the OP in a project namely “Up Country” which the OP was to develop in Plot No.TS-1 in Sector-17A, Yamuna Expressway Industrial Development Area. Vide allotment letter dated 20.02.2015, villa no. 124 in Block S-6 of the said project was allotted to them for a total consideration of Rs.96,86,575/- exclusive of service tax. As per clause 1 of the said allotment letter, the possession was to be delivered to the complainants by March 2015 though a grace period of six months was also available to the OP which could be invoked in case the possession was delayed due to unforeseen circumstances. The grievance of the complainants is that the possession has not even been offered to them despite they having already paid Rs.1,00,42,955/- to the OP. The complainants are therefore, before this Commission seeking refund of the aforesaid amount.

2. The complaint has been resisted by the OP primarily on the grounds that:—

(i) The land on which the apartments were to be constructed was acquired by Yamuna Expressway Industrial Development Authority (hereinafter referred to as “YEIDA”) and allotted to the OP but th