In the present cases, the State Commission after completing the  pleadings,  but  without  taking  any  evidence,  decided   the

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complaints.  The allegation made by the complainants/appellants had been strongly refuted by the respondent.  As to whether the houses were ready in the year 1995 and possession handed over to the society is the disputed question of fact which could not be decided without permitting the parties to lead their evidence, as per Section 13 of Consumer Protection Act, 1986.  On this short ground, the impugned order is set aside and the case is remitted back to the State Commission to decide it afresh after taking evidence by way of affidavits from all the parties.

          Parties through their counsel are directed to appear before the State Commission on 14.12.2009.

          We would request the State Commission to dispose of the complaints within six months from the date of appearance before it.

          Service of the parties is dispensed with.

          Appellants should file their evidence by way of affidavits within two months and, thereafter, respondent may file his evidence within next two months.  No further adjournment be granted to the parties.

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          We are requesting the State Commission to dispose of the complaints within a period of six months since these complaints pertain to the year 1999 and 2000.

          First appeals stand disposed of in above terms.

            Dasti.