Facts in brief:

Mr. Justice M. B. Shah, President : It is the say of the complaint that in response to the advertisement for construction and sale of flats by the opposite party Nos. 1 and 2, the complainant offered to purchase a flat for a total consideration of Rs. 23,33,344, and an agreement to this effect was entered into between the parties on 9.7.1996. Thereafter, the complainant paid a sum of Rs. 15,12,000 on different dates till 16.1.1998, and stopped payment of the balance amount as there was no progress of construction work. The complainant states that the opposite party No. 1 vide its letter dated 9.1.1998 agreed to deliver the possession of flat by 1.6.1999. But the flat was not constructed and, hence, not delivered.

2. For this deficiency in service on the part of the opposite parties the complainant demanded refund of the deposited amount with interest at the rate of 18% p.a. which the opposite party refused to pay. Hence, complaint No. 251/ 2000 was filed on 13.9.2000 before the State Commission, Delhi.

3. By judgment and order dated 6.12.2005, the State Commission, Delhi, allowed complaint and directed the opposite party to refund the amount of Rs.15 lakh with int