J.M. Malik, Presiding Member—Shri Kishore Ramchandra Bhide, petitioner/complainant is the Member of Green Acres Horticultural Development Cooperative Society Limited, opposite party No. 2/respondent No. 2. Respondent No. 2 was established for development of Horticulture and promoting overall growth of agricultural activities. The society had purchased agricultural land at Dolkham Tal, Shahpur Distt. Thane and plot No. 7 at survey No. 88, was allotted to the complainant. The society was to construct the farm house belonging to the complainant. Since the stay was granted against the society by the authority, therefore, the society could not construct the said farm house.

2. The complainant has filed this case with the prayer that the amount paid by him in the sum of Rs.2,18,500/-, out of total consideration of Rs.3,30,950/- alongwith interest @12% per annum, be given to him. The District Forum dismissed the complaint. Being aggrieved by the order of District, Forum, an appeal was preferred before the State Commission which dismissed the same.

3. The District Forum dismissed the complaint on two counts. Firstly, the society was not in a position to construct the house due to stay