S. Saghir Ahmad, J.—This appeal is directed against the judgment and order dated 22nd November, 1995 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short, ‘the National Commission’).

2. The respondents had approached the Commission with the complaint that the appellants who were developers and had promised, under a written agreement dated 27.1.1987, to provide a flat to them, had failed to do so and, therefore, they were guilty of “deficiency in service.” It was indicated in the complaint that the respondents who were, at that time, in Libya and wanted to settle in India, had entered into an agreement dated 27.1.1987 with M/s. Lata Construction, the appellant No. 1, which stipulated that the appellants would develop, construct and hand over possession of flat No. AG-2 on the ground floor with an area of 670 sq. ft. situated in a building named “Madhusudan”, on Plot No. 138, T.P.S. 11 and C.T.S. Nos. 1166 and 1166(1) in Vile Parle, Bombay-400057. It was indicated that the appellants had earlier entered into a development agreement on 9.12.1985 with the owners in respect of the said property to develop, construct and to sell flats in the proposed