ORDER : The petitioner, who accepted Rs. 1,01,000/- from the respondent as part payment of the flat booked by the latter but failed to construct the flat and refund the amount, has filed this petition for setting aside the order of the National Consumer Disputes Redressal Commission (for short, 'the National Commission') allowing the revision filed by the respondent resulting in restoration of the order passed by the District Consumer Redressal Forum, Baroda (for short, 'the District Forum') for refund of the amount. 2. In reply to the complaint filed by the respondent, the petitioner pleaded that he had already repaid the amount. However, he could not produce any evidence to prove the factum of refund. Therefore, the District Forum allowed the complaint and directed the petitioner to refund Rs. 1,01,000/- to the respondent with interest at the rate of 9% per annum from 7.7.1997 and cost of Rs. 2,500/-. 3. The State Consumer Dispute Redressal Commission (for short, 'the State Commission') allowed the appeal filed by the petitioner by accepting his assertion that the amount deposited by the respondent had been refunded. 4. The National Commission reversed the order of the State Commission by recording the following observations: "Having considered the matter in its entirety and the evidence and material placed on record, we are of the view that the order passed by the District was based on correct and proper appreciation and evidence and material brought on record and is also in consonance with the normal human conduct. In such type of transactions, it is almost impossible to believe that the complainant in the present case would have agitated the issue and sought refund of the money again after having received the amount from the respondent. In our view the State Commission has erred in giving the findings and order which it has given. The same is liable to be set aside." 5. We have heard learned counsel for the petitioner and carefully perused the record. In our view, National Commission did not commit any error by reversing the order of the State Commission, which had overturned the finding of fact recorded by the District Forum on the issue of refund of Rs. 1,01,000/- to the respondent on conjectures. 6. The special leave petition is accordingly dismissed. 7. In our view, National Commission did not commit any error by reversing the order of the State Commission, which had overturned the finding of fact recorded by the District Forum on the issue of refund of Rs. 1,01,000/- to the respondent on conjectures. 6. The special leave petition is accordingly dismissed. 7. The petitioner is directed to comply with the order of the District Forum within four weeks and submit a report to this effect before the District Forum. If it is found that the petitioner has not acted in consonance with this order, then the District Forum shall initiate proceedings under Sections 25 and 27 of the Consumer Protection Act and pass appropriate order. Petition dismissed.