J.M. Malik, Presiding Member—The principal question in this case, which pivots round the controversy is, “Whether the pendency of a civil suit is a bar to the filing of a complaint, under Section 12/15 of the Consumer Protection Act, 1986?”

2. The parties entered into an Agreement wherein it was agreed that petitioner/Builder would construct first and second floors and renovate the ground floor of the premises, bearing No. 5/3, Punjabi Bagh Extn, New Delhi, belonging to the complainants who are five in number and are siblings. The complainants sent notice dated 13.03.2009 to the petitioner. In lieu of that, the OP was to have with him the First Floor and he was to supply ‘C’ and ‘D’ Forms and the Completion Certificates to the complainants after obtaining them from the concerned authorities. The petitioner constructed and occupied the First Floor but left the Second Floor unfurnished and he did not renovate the Ground Floor. Thereafter, the complaint was filed where a sum of Rs.43,10,000/- along with interest @ 18% p.a. from the date of filing of this complaint till its realization was claimed.

3. The petitioner contested this case and pleaded that the State Commission should d