Petitioner/complainant being a member of the respondent society applied for allotment of a site and deposited Rs.36,000/-

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towards the value of the site with the respondent.  Respondent issued a provisional allotment dated 13.02.1998, but failed to register the sale in favour of the petitioner/complainant.  Petitioner being aggrieved filed the complaint before the District Forum.

             Defence taken by the respondent was that the land acquired for the purpose of formation of layout was repossessed by the landlords as the acquisition of the land had been quashed.

             District Forum taking note of the fact that the acquisition proceedings had been quashed it had become impossible for the respondent to hand over actual physical possession of the plot, allowed the complaint and directed the respondent to refund Rs.36,000/- along with interest @ 9% p.a. along with Rs.50,000/- as compensation and Rs.1,000/- as costs. 

             Being aggrieved, both the parties filed appeals before the State Commission.  State Commission dismissed the appeal filed by the respondent and allowed the appeal filed by the petitioner/complainant.  State Commission enhanced the rate of interest from 9% p.a. to 18% p.a. from the date of respective payment

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till the date of realization and deleted the direction regarding payment of Rs.50,000/- towards compensation as the petitioner had been adequately compensated by giving interest @ 18% p.a.

          We find no infirmity in the order passed by the State Commission.  Since the land acquisition proceedings were quashed by the High Court, it had become impossible for the respondent to give the plot to the petitioner.  The State Commission has directed the respondent to refund the deposited amount along with interest              @ 18% p.a. which, in our view, is adequate.  No ground for interference is made out.  Dismissed.