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Judgment
THE complaint of the petitioner seeking refund of the amount paid by him towards the booking of a plot of land to the respondent on the latters representation that it was a registered society and the land has been allotted to it was dismissed vide impugned order dated 24.2.2005 passed by the District Forum being pre -mature on the premise that the land in question is subject matter of acquisition proceedings which have been challenged by way of a writ petition in the Allahabad High Court.
IN our view the complaint should not have been dismissed as pre -matured as the petitioner was seeking refund of the amount received by the respondent on misrepre -sentation that it was the owner of the land and this amounts to unfair trade practice. Pendency of the writ petition challenging the acquisition proceedings before Allahabad High Court did not render the complaint as pre -mature as this circumstance alone was sufficient to deal with the complaint of the petitioner on merit. In view of the foregoing reasons we allow the petition, set aside the impugned order and remand back the case to the District Forum to decide it on merit without being influenced by the acquisition proceeding challenged in the High Court. The petitioner shall appear before the District Forum on 7.11.2005 for the aforesaid purpose.
PETITION is disposed of in above term. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. R.P. allowed.