V.K.JAIN,J. - (1.) On 18.07.2006, Mr. Nithij Arenja, son of the complainant booked a residential apartment with the OP in a project namely Escape which the OP was to develop in Sector-50 of Gurgaon and a residential flat admeasuring 2050 sq. ft. bearing Unit No. 601 in Tower-08 of the aforesaid project was allotted to him alongwith a car parking. The allotment was later transferred in the name of the complainant. A Buyers Agreement between the allottee and the OP was executed on 30.08.2006 incorporating their respective obligations. On 01.07.2006, Swapan Bhattacharya and Sucharita Guha booked a residential flat in the above referred project and a flat admeasuring 2050 sq. ft. being no.1601 in Tower-7 of the aforesaid project was allotted to them alongwith a car parking. The allotment was later transferred in the name of the complainant on 07.10.2010. One Ms. Alpna Gujral booked a residential apartment in the above referred project on 01.07.2006 and she also was allotted a residential flat. The number of that flat being 1201 in Tower-7 alongwith a car parking. The allotment was later transferred in the name of the complainant Prashant Singh Raghuwanshi on 11.11.2010. The complainant namely Ms. Kalpana Chandra booked a residential flat in the above referred project on 01.07.2006 and Unit No.001 in Tower-6 was allotted to her alongwith a car parking. She also entered into a Buyers Agreement with the OP.
(2.) As per the Buyers Agreement executed between the parties, the possession in all the cases was agreed to be delivered within 36 months from the execution of the Buyers Agreement subject of course to force majeure circumstances.
(3.) The grievance of the complainants is that the possession of the allotted flats has not been offered to them despite the time period committed for offering the possession having expired long ago. The complainants are therefore, before this Commission seeking possession of their respective flats alongwith compensation etc.;