HDFC BANK LTD Vs. TARA SINGH

JUDGEMENT

(1.) Counsel for the petitioner heard. Respondents/complainants have not turned up, despite service. Respondent No.1 had received the litigation charges, but has not turned up. The respondents are proceeded against ex-parte.

(2.) Sh. Tara Singh, the complainant was the owner of one Tralla. He sold the same to one Shri Sakartar Singh, for a sum of Rs. 7,82,500/-. Tara Singh received a sum of Rs. 2,60,426/- as earnest money. The said Tralla was financed by HDFC Bank, OP1, for a sum of Rs. 2,42,074/-. Tara Singh and Sakartar Singh agreed that a sum of Rs. 2,80,000/- would be paid by Sakartar Singh to the complainant upto 20.04.2009 and Rs. 2,42,074/- would be paid to HDFC Bank and after that NOC and Form No.35 from HDFC Bank would be issued to Sakartar Singh.

(3.) It is alleged that Sakartar Singh in connivance with OPs 1 & 2, got issued NOC and Form No.35. On 30.03.2009, when the complainant pressurized for NOC and Form No.35, he was informed by Manager, HDFC Bank, OP2 that they had already issued the documents through OP3. It is mentioned that OPs 2, 3 & 4 are all the functionaries of HDFC Bank.