Mr. Justice K.C. Bhargava, President—This is an appeal against the order and judgment dated 9.8.1999 passed by District Consumer Forum II, Lucknow in Complaint Case No. 92/1995.

2. The facts of the case stated in brief are that in the draw held on 9.2.1994 the complainant was successful but on the request of the complainant house No. 10/160 in the Indira Nagar scheme was given to him in lieu of the house which came to his share in the lottery. However, no allotment order was issued in respect of the house No. 10/160. It was revealed to the complainant on 24.3.1994 that house mentioned above has been allotted to one Vijay Bahadur Singh. The complainant was assured of being provided with another house for which the complainant agreed. No house has been allotted to him and hence the complaint was filed.

3. In the written statement it was alleged that the complainant was successful in the lottery for house No. 14/222, but it has been wrongly over-written as 10/160. House No. 14/222 was therefore allotted to Abhay Kumar Srivastava. House No. 10/222 was allotted to Sri Vijay Bahadur Singh who was successful in the draw.

4. After perusing the evidence on record, the District Consumer Fo