LAWS(NCD)-2010-5-32

HSBC LIMITED Vs. SRIDHAR GAJULA

Decided On May 25, 2010
HSBC LIMITED Appellant
V/S
SRIDHAR GAJULA Respondents

JUDGEMENT

(1.) This revision petition has been filed by HSBC Limited, the opposite party no.2 before the District Consumer Disputes Redressal Forum-I, Union Territory, Chandigarh (District Forum for short) seeking to challenge the order dated 19th December, 2008 passed by the State Consumer Disputes Redressal Commission, Union Territory, Chandigarh. Facts :-

(2.) The grouse of the respondent/complainants was that the petitioner-Bank in order to take over the business of loan from the ICICI Home Finance Company Limited/opposite party no.3, falsely promised them that they would take care of their entire burden and thereafter left them to fend for themselves and despite repeated requests failed to release the payment to the builder-M/s Omaxe Limited, which has resulted in payment of the final installment of Rs.9,45,509/- by them in order to save the flat from being cancelled.

(3.) Out of their sheer desperation respondent/complainants had to approach the District Forum seeking various reliefs from the petitioner-Bank as well as from the other opposite parties i. e. the builder-M/s Omaxe Limited and also from the ICICI Home Finance Company Limited/opposite party no.3. The District Forum, on appreciation of the evidence adduced before it by the parties concerned, directed the builder-M/s Omaxe Limited to pay a sum of Rs.2,11,150/- while the present petitioner-Bank was directed to pay a sum of Rs.2,75,140.91 for deficiency in service. Even, the ICICI Home Finance Company Limited/opposite party no.3 was directed to pay a sum of Rs.50,000/-. All the opposite parties were also directed to pay litigation expenses of Rs.5000/- jointly and severally.