Mr. Justice K.C. Bhargava, President—This is an appeal against the judgment and order dated 22.2.1995 passed by District Consumer Forum, Lucknow in Complaint Case No. 1005/1994. Briefly stated the facts of the case are that the complainant was allotted plot No. 2/57 in Vikrant Khand, Gomtinagar, Lucknow by opposite party. The complainant deposited the entire price of this plot by September, 1987. It is further alleged that inspite of the fact that entire amount has been deposited by the complainant the possession of the plot has not been delivered to him. The complainant prayed for refund of deposited amount along with interest and compensation for harassment.

2. The opposite party in its written version alleged that inspite of best efforts development work could not be completed hence possession of plot could not be delivered. This fact was intimated to the complainant so that he may get deposited amount refunded along with interest @ 9% p.a.

3. The parties led their evidence before the District Forum who after considering the facts of the case has come to the conclusion that there is deficiency on the part of L.D.A. and directed the opposite party to give possession of the plo