Petitioner herein was the complainant before the District Forum.

          Petitioner had filed an application for allotment of a house/plot/land as per Advertisement issued by the respondent, along with Rs.3,000/- as earnest money being 10% of value of the house.  The house was not allotted.  Petitioner filed the complaint before the District Forum.

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          District Forum directed the respondent Housing Board either to allot a HIG flat within 6 months from the date of passing of the order or refund the earnest money with interest @ 12% compounded annually to the petitioner.

          Respondent Housing Board being aggrieved filed an appeal before the State Commission.  The plot was not allotted.  The respondent agreed to refund the deposited amount.  The only point pressed before the State Commission was as to whether the petitioner was entitled to the interest on the deposited amount.  The State Commission relied upon sub-clause xi of Section 2 of Bihar State Hosing Board (Management & Disposal of Housing Estate) Regulation, 1985 which reads as under:

          “Deposit” means the initial amount payable by an applicant for securing a property which shall be non-interest bearing”.

          After the carved out of State of Jharkhand in the year 2000, the State of Jharkhand has adopted the Rules of Bihar Housing Board.  Relying upon this rule, it was held by the State Commission that the petitioner was not entitled to any interest.  Aggrieved by the order passed by the State Commission, the complainant has field present revision petition.

          The first question which arises for consideration is whether the petitioner is a ‘Consumer’ within the meaning of Section 2 (1) (d) of Consumer Protection Act, 1986.  Hon’ble Supreme Court in the case of “Morgan Stanley Mutual Fund V/s Kartick DAs (Civil Appeal No.4584 of 1994)” has held that a prospective investor is not a ‘Consumer’ within the meaning of Consumer Protection Act, 1986.  The petitioner had not been allotted a plot and till the allotment of plot, petitioner could not be considered as a Consumer. In view of this revision petition is dismissed as not maintainable. 

In case Rs.3000/- has not been refunded by the Board, then the respondent is directed to pay the amount within four weeks, failing which it shall be liable to pay interest @ 12% p.a. from the date of this order.