Cost paid.

          Complainant/petitioner applied for 1/8 acre plot situated in industrial area in Sector-2, HUDA, Kurukshetra. The application filed by the petitioner was to be forwarded by Union Bank of India respondent No.3 alongwith a demand draft of Rs.24,150/-. Respondent Bank did not forward application alongwith the requisite amount to HUDA. Plot was not allotted to the petitioner.

          Petitioner being aggrieved filed a complaint seeking a direction to the HUDA respondents No. 1 & 2 to allot the industrial plot and pay interest on the sum of Rs.24,150/-;  compensation of Rs.1 Lakh and Rs.30,000/- towards mental agony and cost of Rs.10,000/-.

District Forum allowed the complaint and directed the HUDA respondents No.1 & 2 to allot the plot of 1/8 acres in industrial area of the petitioner and to pay Rs.5,000/- towards litigation charges. Bank respondent No.3 was directed to submit the application with Rs.24,150/- with HUDA and pay interest @ 15% on the said amount from the date of deposit till realization. Respondent No.3 Bank was also directed to pay Rs.10,000/- to the petitioner towards compensation.

Respondents No. 1 & 2 i.e. HUDA filed an appeal seeking setting aside of the order of the District Forum on the ground that there was no deficiency in service on its part as the HUDA had never received the application of the petitioner for allotment of plot to the petitioner. State Commission allowed the appeal; set aside the order of District Forum insofar as in had directed the HUDA to allot the plot to the petitioner. 

We agree with the view taken by the State Commission. The application filed by the petitioner through Bank was not received by the HUDA. Since HUDA had not received the application, the question of deficiency of service did not arise on the part of the HUDA as it had never received the application from the Bank for its consideration. The State Commission rightly allowed the appeal filed by the HUDA holding that there was no deficiency on the part of the HUDA.

Dismissed.