Petitioner was the complainant before the District Forum.

          Petitioner’s husband had applied for a house with the respondent in Jaipur House Scheme.  In the year 1989, respondent made a proposal to allot a house under Indrapuram Yojna.  At the time of allotment, husband of the petitioner had deposited certain amounts on certain dates.  In all, he had deposited Rs.71,600/-.  In spite of deposits made by him, possession of allotted house No.113

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was not given to him and the said house was given to somebody else.  Husband of the petitioner died on 04.6.1994.  Petitioner filed a claim with the respondent to refund the sum of Rs.71,600/- deposited by her husband.  Respondent did not pay the amount to the petitioner as she had not obtained Succession Certificate.  Aggrieved by this, petitioner filed a complaint before the District Forum.

          District Forum vide its order dated 27.12.2001 allowed the complaint and directed the petitioner to refund Rs.71,600/- to the respondent with interest at the rate of 12% p.a. from the date of deposit till realization and Rs.4,000/- were awarded by way of compensation.  Further direction given was to comply with the order within 45 days, failing which the respondent would be liable to pay interest at the rate of 15% per annum on the amount.

          Aggrieved by order passed by the District Forum, respondent filed an appeal before the State Commission.  The State Commission allowed the appeal and set aside the order of the District Forum on the ground that husband of the complainant had already filed a civil

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suit which was still pending; that the respondent could not avail of remedy available under the Consumer Protection Act, 1986 in view of pendency of civil suit.  Petitioner being aggrieved has filed the present revision petition.

          It is not disputed before us that the civil suit has been dismissed as having been abated.   The basis, on which the appeal was allowed by the State Commission, no longer exists.  Respondent is not, at all, justified in keeping the sum of Rs.71,600/- deposited by husband of the petitioner.  Accordingly, the order passed by the State Commission is set aside and the respondent is directed to refund sum of Rs.71,600/- to the respondent with interest at the rate of 9% per annum from the dates of respective deposits till realization.

          Counsel for the respondent states that the sum of Rs.71,600/- had already been deposited with the District Forum.   If that be so, District Forum is directed to pay the aforesaid amount of Rs.71,600/- to the petitioner along with accrued interest.  Respondent is directed

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to pay the balance amount, if any, to the petitioner within eight weeks.

            Revision petition is disposed of in above terms.