Mr. Justice K.C. Bhargava, President— This is an appeal against the judgment and order dated 18.5.1994 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 957/ 1993.

2. The facts of the case stated in brief are that the complainant applied for a plot in Govindpuram Housing Scheme and deposited the reservation amount. On the basis of this application, a plot was reserved for the complainant and the complainant in compliance of the payment of schedule deposited the entire amount with the Ghaziabad Development Authority. The complainant requested several times the Ghaziabad Development Authority for possession of the plot but nothing has been done by the Ghaziabad Development Authority and hence the complainant prayed for refund of the amount deposited along with 18% per annum interest.

3. The opposite party in its written version has alleged that due to certain unavoidable circumstances the possession of the plot could not be delivered. If the complainant wants to get the refund of the amount, then the same can be done with 5% per annum interest as per the rules.

4. The learned District Forum after considering the case of the parties directed for refund of the amount