Mr. D.D. Bahuguna, Member—This is an appeal filed by Jhansi Development Authority against the judgment and order dated 31.1.1994 passed by District Consumer Forum, Jhansi in Complaint Case No. 204/1991. Briefly stated the facts of the case are as follows :

2. The complainant, Sri Ramesh Chandra Pandey in response to a scheme launched by Jhansi Development Authority for allotment of plots and houses, applied for registration of plot in the Pichhori Scheme. The registration amount of Rs. 5,000/- was deposited and the first instalment of Rs. 20,000/- was paid on 15.5.1991. After depositing the first instalment the complainant expressed his inability to take the plot. The approximate cost of the plot was Rs. 78,550/-. When the complainant applied for refund of the amount deposited by him, the opposite party, Jhansi Development Authority deducted a sum of Rs. 5,239/- out of the total deposited amount of Rs. 25,000/- and this deduction was made on the basis of 16% interest per annum payable on the total value of the plot which was Rs. 78,550/-. The Plot No. B/M (2-20), after registration, was allotted to him through a draw of lot. Immediately after the intimation of allotment was giv