JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

          The complainant booked a residential flat with the OP in a project namely ‘Unitech South Park’ which the OP was to develop in Gurgaon.  Apartment No.1802 on 18^th floor in Block D2 was allotted to him for a consideration of Rs.1,18,39,805/-.  He then executed an agreement with the OP on 31.10.2013 incorporating the rights and respective obligations of the parties in respect of the said booking.  As per clause 4(a)(i), the possession was to be offered within 36 months from its execution meaning thereby that the possession ought to have been delivered by 31.10.2016.  The possession having not been offered to him despite he having paid Rs.72,22,866/- to the OP, he is before this Commission seeking refund of the amount paid to the OP alongwith