( 1 ) A public auction was held by the respondent DDA for shops in CSE, basant Enclave Market, under self-financing group housing scheme on 25. 07. 1983. The appellant was the highest bidder for a restaurant-cum-shop on the top floor having bid for an amount of Rs. 6,67,000/ -. The appellant deposited 25% of the bid amount being the earnest money on the fall of the hammer amounting to Rs. 1,66,750/ -.

( 2 ) THE aforesaid bid was subject to acceptance by the Vice Chairman, DDA being the competent authority and on such bid being accepted and the acceptance being communicated the balance amount had to be deposited within 30 days of such communication. In case of non-acceptance of the bid, earnest money to be refunded to the bidder without any interest. There is no dispute over these terms.

( 3 ) THE appellant claims to have received no communication and it is only some time in January 1984 found out that the bid had not been accepted. There is some dispute on this aspect since according to the respondents this fact was duly communicated and even the cheque had been refunded back but the appellant returned the cheque.

( 4 ) THE appellant aggrieved by the non-confirmat