S.A. Makhija, Member—This complaint is filed under the provisions of the Consumer Protection Act, 1986 (hereinafter referred to as the Act or C.P.A. for the sake of brevity).

2. The short facts of the complainant’s case are that the complainants had their own plot No.70A at Bhavnagar, details of which are given in para-2 of the complaint. The complainants decided to float a scheme of flats on their plots and as such they had given contract of those flats for construction and building them to one Kamal Trivedi who had left the work half way. The opponent thereafter was hired to complete the remaining work of the scheme. It is the say of the complainants that there were disputes between the parties in regard to payments to the opponent therefore he had filed a Special Civil Suit No.70 of 2004 in the Court of Civil Judge (S.D.) which came to be withdrawn unconditionally by the opponent as there was compromise between the parties. As per agreement dated 4.2.2003 the opponent was required to complete the work within 12 months as per condition No. 9 of the agreement. The opponent failed to complete the work of the scheme as stated by them. On this set of facts the complainants have d