Mr. Justice B.B. Vagyani, President—This appeal filed by the unsuccessful O.P. is directed against the order dated 22.11.2004 passed by the South Mumbai District Consumer Forum.

Facts giving rise to this appeal are as under:

Respondent/org. complainant in response to the scheme applied for allotment of Plot. Agreement was executed in November 1999. Complainant deposited Rs. 20,000/- on 31.10.1999. She sought extension of time for further payment. But she could not pay the remaining amount CIDCO because of failure of further payment, cancelled the booking and forfeited the amount. According to the complainant, in case of surrender of membership, she can claim refund of deposit money and, therefore, CIDCO is not entitled to invoke forfeiture clause. Failure to refund the amount in case of cancellation of membership is a deficiency. Complainant filed consumer Complaint No. 341/2002 before the Forum below.

2. Said complaint was resisted by the CIDCO. CIDCO denied to have committed any deficiency in service. CIDCO has taken up the defence that amount is forfeited as per the terms and conditions of the agreement. Forum below allowed the complaint and directed the CIDCO to return the a