ARUN KUMAR Vs. HDFC BANK

JUDGEMENT

(1.) THE present judgment shall dispose of Appeal No. 25 of 2005 Arun Kumar & Anr. v. HDFC & Others and Appeal No. 72 of 2005, Chief Administrator, Haryana Urban Development Authority v. Arun Kumar& Others, as both of them have arisen from common order dated 7.1.2005 passed by the District Consumer Disputes Redressal Forum -II, U.T., Chandigarh.

(2.) BRIEFLY stated the facts are that Sh. Arun Kumar and his wife Smt. Bindu Bansal filed a complaint against HDFC Bank, Sector -8, Chandigarh, HDFC Bank, Vasant Vihar, New Delhi, and Chief Administrator, Haryana Urban Development Authority, on the allegations; that they were residents of New Delhi and Arun Kumar had applied for allotment of one Kanal plot at Kurukshetra to the Chief Administrator, Haryana Urban Development Authority, Sector -6, Panchkula vide application No. 23410 along with bank draft for Rs. 53,325 as earnest money on 4.3.2003 through HDFC Bank, Vasant Vihar, New Delhi, who was authorised banker of Chief Administrator, HUDA. Similarly, Bindu Bansal on the same day applied for allotment of 6 Marlas plot along with bank draft for Rs. 13,968 as earnest money to Haryana Urban Development Authority and deposited the application form along with bank draft with HDFC Bank, Vasant Vihar, New Delhi, who was authorised agent of Haryana Urban Development Authority (for short HUDA).

(3.) IT was next averred that it was duty of HDFC Bank, Vasant Vihar to forward both these application forms along with bank drafts to the Chief Administrator, HUDA, Sector -6, Panchkula, but it did not forward the above said documents for the reasons best known to it. On the other hand, HDFC Bank, Sector -8, Chandigarh refunded the aforesaid amounts to the complainants by respective bank drafts on 16.12.2003. On account of negligence of HDFC Bank, Vasant Vihar, New Delhi, their applications could not be considered for allotment of plots by means of draw by the Haryana Urban Development Authority and thus, they suffered a loss of Rs. 18 lacs. They had also filed a complaint under Sections 406, 409, 417 and 420 of IPC, against the bank and the Haryana Urban Development Authority, but no action was taken.