Mr. Justice M.S. Parikh, President—This appeal arises from order dated 11.4.2001 rendered by the learned Consumer Disputes Redressal Forum, Ahmedabad City, Ahmedabad in Complaint No. 461 of 1999 directing the opponents to hand over peaceful and vacant possession of disputed Flat No. S/9 in the scheme organised by the opponents, to pay compensation on the head of mental agony and hardship in the sum of Rs. 10,000/- and to pay cost of Rs. 5,000/-.

2. It was the case of the complainant before the learned Forum that the opponents organised a scheme of flats on the immovable property which is described in the complaint and advertised such scheme in the newspaper. The complainant who was in need of a house booked flat No. S/9 by making payment of full consideration. The opponent No. 1 executed agreement dated 26.6.1998 assuring the complainant to hand over possession of the flat on 26.9.1998. Opponent No. 1 also agreed to repay the consideration with 18 per cent interest if the possession was not so handed over to the complainant. The construction of the flat in question was completed and the only work which was left out was of fixing tiles in the flat. Yet, the opponents did not han