ORDER (ORAL)

V.K. Jain, Presiding Member—The complainant booked a residential apartment with the opposite party Supertech Limited, in a project namely “Supertech Hues”, which the opposite party was to develop in Sector 68 of Gurgaon. The booking was made on 14.01.2017 and after allotment of flat number F/0101 in the aforesaid project to the complainant for a consideration of Rs.92,52,038/- a Buyer Development Agreement was executed between the parties on 18.07.2014. As per the aforesaid agreement the possession was to be offered to the complainant within 42 months i.e by July, 2017 with a grace period of 6 months. The grievance of the complainant is that even the construction was not complete by the opposite party despite he having paid Rs.27,60,864/- to them. The complainant is therefore before this Commission with the following prayers:-

“a. To direct the First Opposite Party to give the allotment of similar residential unit immediately; and;

b. In the alternative, refund the principle amount of Rs. 27,60,864/- along with 12% from date of payment till refund of entire amount to the Complainant wherein the complainant already made payment of interest to Bank from 2014-2017 on the