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10. Respondents No. 1 & 2 did not even start the construction of the flat as per their promise and as per Clause 'A' of the terms and conditions of the registration application and utilized the amount of the appellant illegally till the order of the District Forum. Even in the District Forum, respondents No. 1 & 2 had not offered for the refund of Rs. 3 lacs which was received as advance from the appellant with interest @ 10% per annum as per the terms and conditions 'A' of the registration application, which show that the version of respondents No. 1 & 2 that they were ready to refund the amount with interest is not correct. It was held by the Hon'ble National Commission in case "Smt. Sudha CP and 87 Ors. Versus M/s Megacity (Bangalore) Developers Pvt. Ltd.", 2009 (1) CPC 525 in para Nos. 2 & 7 as follows:-