Mr. Justice D.R. Vithal Rao, President— This appeal by opposite party Nos. 1 and 2 is directed against the order dated 10.5.93 passed by the District Forum, Bangalore (Urban) in Complaint No. 2276/92 directing the opposite party to refund to the complainant a sum of Rs. 71,540/- with interest thereon.

2. The opposite party, is a House Building Co-operative Society. It is the case of the complainant that he became the member of the opposite party-Society and deposited a sum of Rs. 71,040/- on various dates for allotment of a site measuring 50’ x 80’ from the opposite party-Society. The opposite parties did neither allot the said site nor made refund of the said amount to the complainant. So the complainant sought refund of the said amount from the opposite parties with interest thereon.

3. The opposite parties filed their version and admitted the fact that the complainant had deposited the amount as averred by the complainant with interest seeking allotment of the site. The opposite parties further averred that it could not allot the site as the land-holders had filed writ petitions before the Hon’ble High Court and had obtained stay orders, so they were not in a position to allo