ORDER :

Mr. Justice Nawab Singh, President (Oral)-Sudesh Behal-complainant, has filed the instant complaint under Section 17 of the Consumer Protection Act, 1986 with the averments that on 22nd November, 2010, the complainant purchased Flat No. 902, 9th Floor, Tower D, Era Sky-Ville in Sector 68, Gurgaon from Era Landmarks-opposite parties (for short ‘Developer’). Flat Buyers Agreement dated 17th November, 2012 (Exhibit C-27) was executed between the complainant and the Developer. The basic sale price of the flat was Rs. 63,94,500. As per Clause 10.1 of the Buyers Agreement, the possession of the flat was to be offered within a period of 36 months (with a grace period of 6 months) from the date of execution of the agreement, that is, on or before 17.5.2016. In all, the complainant paid Rs. 44,56,318 to the Developer. The Developer did not complete the construction on the site. The Developer vide letter dated 14th May, 2015 had also shown its inability to complete the construction in time. The complainant requested to refund the deposited amount from the Developer but to no avail