Mr. Justice M.S. Parikh, President—This appeal arises from order dated 27th August, 2003 rendered by the learned Ahmedabad City Consumer Disputes Redressal Forum in Complaint No. 385/2002. Impugned order reads as under :

“(a) The opponents are held jointly and severally liable.

(b) The opponents are hereby directed to pay jointly and severally Rs. 4,45,500/- with running interest @ 18% per annum from the date of booking dated 3.10.1998 till actual payment to the complainant.

(c) The opponents are further directed to pay jointly and severally Rs. 10,000/- as a mental agony undergone by the complainant and the further Rs. 5,000/- as a cost to the complainant.”

2. It was the complainant’s case before the learned Forum that he had an occasion to book flat bearing No. A/203 pursuant to the advertisement issued by the first opponent Prerna Builders Limited inter alia promising to give possession of the flat within two years from the date of that advertisement that is to say on or before 1st October, 2000. It so happened that the complaint had occasion to alter the booking of the flat from A/203 to flat B/202 on 15th May, 1999 when excess consideration of Rs. 66,000/- out of the consi