Mrs. Devinderjit Dhatt, Member—This appeal has been preferred by HUDA against order dated 28.10.1999 passed by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (for short hereinafter to be referred as the District Forum-I), in Complaint Case No. 857 of 1997.

The contextual facts narrated briefly are as under :

2. The respondent/complainant, Mr. K.K. Khanna, in response to an advertisement floated by Haryana Urban Development Authority, impleaded as opposite party No. 2 applied for a residential plot measuring 14 marlas (300 sq. mts.) in any of Sectors of 30, 31, 32 A part 30, 39, 40 and 41 at Gurgaon (Haryana). The prescribed earnest money amounting to Rs. 13,500/- was deposited in the authorized Bank i.e. Punjab National Bank, Shimla Branch vide Receipt No. 8154 dated 10.8.1988 along with Application Form No. 01550 (Annexure-2). As per averments made, inter alia, by the respondent/complainant, the allotment made by opposite party No. 2, namely, HUDA was to be made as per Condition No. 10(C) of the terms and conditions given in the application form. The complainant has alleged that he did not receive any intimation regarding the allotment of or otherwise of the