ORDER

Petitioner deposited Rs.4 Lakhs for obtaining a residential plot. Petitioner requested for the refund of the amount alleging that the respondent had not obtained the necessary permission from the Town & Country Planning Department for setting up the colony. Respondent refunded Rs.3,55,056/- with interest amount of Rs.49,534/- @ 10%. Respondent deducted Rs.44,944/- being 10% of the price as per terms and  conditions  of  the  sale.  Petitioner  filed  the  complaint seeking a

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direction to the respondent to refund the sum of Rs.44,944/- for the earnest money with interest.

District Forum dismissed the complaint, which has been upheld by the State Commission.

We agree with the view taken by the foras below. Petitioner himself has filed an affidavit (Annexure R-3) wherein the petitioner had stated that the amount deposited by him be refunded after deducting 10% as per terms and conditions of the allotment.

In view of the affidavit filed by the petitioner, relying upon which the foras below have dismissed the complaint, no interference is called for in the order.

Dismissed.