1. We have heard submissions of Mr. Uday B. Wavikar, Advocate a/w. Ms. Bhagyashree Dhamapurkar, Advocate and Supriya Patil, Advocate for complainants and Mr. A.V. Patwardhan, Advocate and Mr. Ajay Pawar, Advocate for opponents.

2. It is necessary to note here that both these complainants had filed consumer complaint before the District Forum, Mumbai Suburban and it was numbered as CC / 144 of 2005. However, that complaint was withdrawn by the complainants as the District Forum had no pecuniary jurisdiction. Permission was granted for withdrawal of complaint by the District Forum and thereafter, same complaint was filed before this State Commission without even changing title cause. It was necessary for the complainants to prepare a fresh complaint addressing to this Commission without changing facts of the case. However, complainants instead of doing that same complaint which was actually addressed to District Forum filed here in this Commission. However, even our office did not notice the same and registered the same.

3. Complainants booked a flat with opponents for total consideration of Rs. 38,32,000. Complainants paid Rs. 1,91,600 on 2.4.2004. No receipt for payment was issued. H