Mr. Justice V.P. Gupta, President—The complainant (Dr. S.K. Ahluwalia) made an application to the respondent (H.P. Housing Board) to purchase a constructed Garage, the tentative cost of which was fixed at Rs. 25,000/- by the respondent. An offer to allot such Garage was made by the respondent to the Flat owner of Kalston Estate Shimla and applications were to be filed by flat owners till 31st of July, 1982 with a deposit of Rs. 2,600/- as earnest money.

2. The complainant deposited Rs. 2,000/- on 30.7.82 with his application as earnest money. By a letter annexure R-6 dated 9.5.83, the complainant was informed by the respondent that he had been allotted Garage No. 3, the tentative cost of which was Rs. 30,000/-. The complainant was directed to deposit 1st installment of Rs. 10,000/- before 20.5.1983. He was also informed that the balance amount of Rs. 8,000/- (After deduction of Rs. 2,000/- deposited as earnest money) would be taken from him at the time of delivery of the possession.

3. The complainant in term of the letter Annexure R-6, deposited Rs. 10,000/- on 19.5.1983 and another amount of Rs. 10,000/- on 20.10.1983.

4. Thereafter by a letter dated 4.9.1989 (Annexure R-7)