ORDER (ORAL)

V.K. Jain, Presiding Member—One Mrs. Alka Vachani booked a residential flat with the OP in a project namely ‘Araya’ which the OP was to develop in Sector-62 of Gurgaon. Unit No. C-802 in Tower-C of the project was allotted to Mrs. Alka Vachani vide letter of allotment dated 28.08.2012. Later on, the allotment was purchased by the complainants from Mrs. Alka Vachani and it was endorsed in their favour on 20.12.2012. Mrs. Alka Vachani had executed an agreement with the OP on 18.10.2012 which contained the respective obligations of the parties in respect of the booking made by her. 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 constructi