ORDER : 1. These petitions filed for setting aside the order passed by the National Consumer Disputes Redressal Commission (for short, the National Commission) whereby the revision petitions filed by the petitioners were dismissed with cost cannot but be termed as frivolous piece of litigation. 2. The respondents booked flats in Shivalik Apartments, Kharar (Punjab) proposed to be built by the petitioners. They deposited the total cost of flats. In the allotment letters issued by the petitioners, it was clearly mentioned that possession of the flats will be handed over within 13 months. 3. After waiting for almost two years, the respondent filed complaints under Section 12 of the Consumer Protection Act, 1986. They also filed civil suit in the Court of Civil Judge (Junior Division), Kharar and succeeded in persuading the concerned Court to pass an order of status quo in the matter of alienation of the land on which the petitioner was to build apartments. 4. The complaints filed by the respondents were allowed by the District consumer Disputes Redressal Forum in the following terms: "(a) The OPs shall hand over the possession of the flat in question to the complainant within a period of 10 months from the date of filing of the present complaint i.e. by 18.9.2010 along with litigation costs of Rs. 5,500/; OR (b) The OPs shall refund the deposited amount of Rs. 9,78,129/- along with Rs. 5,500/- as costs of litigation within thirty days from the date of receipt of copy of the order. (c) The OPs shall pay within thirty days from the receipt of copy of the order interest as damages @ 9% per annum on the amount of Rs. 9,78,129/- w.e.f. the date of deposit till the possession is delivered or the amount of Rs. 9,78,129/- is refunded to the complainant. In case the OPs fail to comply with the directions (a) or (b), they shall be liable to refund the entire amount with penal interest @ 12% per annum from the date of deposit i.e. 22.11.2005 till payment is actually made to the complainant. In case direction (c) is not complied with within thirty days, the OPs shall be liable to pay the same with penal interest @ 12% per annum w.e.f. the date the monthly payments became due till the date of actual payment to the complainant." 5.
In case direction (c) is not complied with within thirty days, the OPs shall be liable to pay the same with penal interest @ 12% per annum w.e.f. the date the monthly payments became due till the date of actual payment to the complainant." 5. The appeals filed by the petitioners under Section 15 of the Act were dismissed by the State Consumer Disputes Redressal Commission which agreed with the District Forum that non-delivery of flats to the respondents amounted to deficiency in service. 6. As the petitioners failed to implement the directions given by the District Forum, the respondents filed execution petitions under Section 27A of the Act and claimed refund of the amount deposited by them. The District Forum allowed the execution petitions and ordered refund of the amount deposited by the respondents. The appeals filed by the petitioners against the orders of the District Forum were dismissed by the State Commission and same was the fate of the revision petitions filed by them. The National Commission also imposed costs of Rs. 50,000/- in both the cases. 7. We have heard learned Counsel for the petitioners at some length and carefully perused the record. 8. In our opinion, the finding recorded by the District Forum that there was deficiency in service on the petitioners part is based on correct analysis of the facts and documents produced by the parties and the State Commission rightly refused to interfere with the same. The direction given by the District Forum for refund of the amount deposited by the respondents was also correct and the State Commission and the National Commission did not commit any error by approving the same. 9. We are further of the view that the National Commission has been more than lenient because small amount of cost of Rs. 50,000/- was imposed while dismissing the revision filed in the execution matters. The special leave petitions are accordingly dismissed. The petitioners are directed to pay the entire amount due to the respondents within a period of one month from today and submit a report to this effect within next two weeks. 10. If the petitioners fail to comply with the aforesaid direction, then the Registry shall list the cases before the Court. SLP dismissed.