Mr. Justice R.N. Mittal, President — This appeal has been filed by the complainant against the order of the District Forum dated 7.10.91.

2. Briefly the facts are that the respondent under-took to construct flats in housing colony at Sanjauli (Simla) under hire purchase scheme. The complainant applied for allotment of one flat and paid Rs. 5,000/- on 15.5.86. On 25.7.89 he was informed by the respondent that the allotment of the said flat would be made on 29.8.89 in the office of the Estate Manager of the Himachal Pradesh Housing Board. (Hereinafter referred to as the Board). He was also informed that the tentative cost of the flat was Rs. 65,000/-. He was allotted flat No. D/l in Block 11, and its selling price was communicated as Rs. 65,000/-. It is alleged that there was no escalation clause in the advertisement made by the respondent and in the absence of escalation clause the respondent cannot escalate the price from Rs. 65,000/- to Rs. 85,000/-. He also pleads that he was entitled to interest on the deposit made by him with the respondent.

3. The complaint was contested by the respondent. It was inter-alia pleaded by them that the respondent was entitled to the price which