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(Per G.Rohini, J) The short question that requires consideration in these writ petitions is as to whether the penal proceedings under Section 27 of the Consumer Protection Act, 1986 for failure to comply with an order of the State Commission can be maintained while the appeal against the order of State Commission is pending before the National Commission?

The petitioner in all the writ petitions is a company incorporated under the provisions of the Companies Act, 1956. It is stated that the said company is engaged in the business of property development and it had undertaken the development of a township called "The Hill County". The respondents in the writ petitions who claim to have purchased residential apartments in the above said township filed Complaints before the State Consumer Disputes Redressal Commission (for short, 'State Commission') alleging that the petitioner had failed to complete the said project and seeking a direction for refund of the amount advanced by them together with interest. The said Complaints (C.C.No.40 of 2011 & etc.) were allowed by the State Commission on different dates. Aggrieved by the same, the petitioner herein preferred appeals before the National Consumer Disputes Redressal Commission, New Delhi (for short, 'National Commission') which are pending.

Accordingly, the impugned order is hereby set aside and E.A.I.A.No.2485 of 2012 & etc., shall stand allowed.

In the result, all the Writ Petitions are allowed. No costs. Consequently the miscellaneous petitions, if any, pending in all the writ petitions shall stand closed.

_____________ G.ROHINI, J _______________________ C.PRAVEEN KUMAR, J