Mr. Justice M.B. Shah, President—It is the case of the complainant that he had applied on 30.11.1988 for a flat which was being constructed by Ghaziabad Development Authority (hereinafter referred to as the G.D.A.) under Kaushambi Apartments, Phase-II, Self Financing Scheme. The cost of the flat was fixed at Rs. 3 lakhs. He deposited Rs. 30,000/- on the same day and thereafter Rs. 30,000/- on 23.3.1989. Again he deposited Rs. 60,000/- on 5.2.1991. Thereafter, vide letter dated 23.7.1991, the G.D.A. allotted Flat No. 103, ‘Aravali Apartments’ with an indication that the complainant should take possession of the flat after paying a sum of Rs. 45,000/- and he was informed that value of the flat was Rs. 3,45,000/-. It is contended by the complainant that possession of the flat was not delivered to him and that from the other allottees of the same building the G.D.A. has recovered the cost of the flat at the rate of Rs. 2,60,000/-. Hence, he filed Complaint Case No. 1227 of 1994 before the District Forum, Ghaziabad.

2. On receipt of the notice G.D.A. filed written version admitting that complainant has deposited the amount but the cost of the flat was tentative and, therefore, he wa