Auction property fraud by bank in a bank auction since 2 year no reult
1 year ago
I purchased a 1 kanal non-agricultural land in Bathinda through a bank auction from Punjab and Sind Bank in December 2021 for rs6.40L.
The registration process for the property in my name has been delayed because the actual land in the land records is only half of what was auctioned to me.
Despite multiple visits to the Tehsil and other efforts, i have been unable to resolve the issue.
After pressuring the bank manager, they filed a case against the previous owner who divided the land without the bank's consent.
The bank manager is now asking me to write a letter requesting auction withdrawal and money refund, but doing so would result in a loss of the EMD (Earnest Money Deposit) of approximately 10%, as well as losses in terms of money value, harassment, and time.
I feel that i am facing difficulties due to the bank's mistake and seek a solution to register the property in my name and compensation for the harassment you have experienced.
Yes, an auction purchaser who buys a property through auction for commercial purposes is not deemed to be a Consumer under Consumer Protection Act, 2019.
However, an auction purchaser is provided with the following rights under SARFAESI ACT, 2002
> Right to delivery of possession of property purchased through auction
> Right to inspect the property purchased through an auction,
> Right to obtain marketable title to the property
> Right to claim compensation faces any loss or damage for wrongful possession of the auction property
> Right to seek redressal of any dispute faced by auction purchaser with regard to auctioned purchase property and can approach DRT(Debt Recovery Tribunal) or the High Court for appropriate releif/s
So, you may exercise your right for redressal of dispute faced by you post-auction purchased property by making an application either to DRT or High Court if all attempts to resolve the dispute fails.
As per the infromation you have given it is advisable to you to file FIR against them for harassment.
From the contents of your query it prima facie appears to ba a clear case of deficiency in service on the part of Bank who without checking or searching the background details of the property declared it for auction and being a purchaser of said disputed land you are now facing pecuniary loss, harassment, and other related consequences.
Since you are facing an unprecedented/uncalled-for situation arising out of deficiency in service on the part of the Bank, you may represent the matter before the higher authority of the concerned Bank endorsing a copy of said representation to the Banking Ombudsman, Grievance Cell of RBI and IBA(Indian Banking Association) for redressal of your grievance failing which you may nock the door of concerned Dist. Consumer Court (DCDRC) u/s.35 of CPA,2019 claiming refund of the entire money already paid by you for the purpose along with compensation for harassment and mental agonies, cost of litigation etc
jagjit singh
Replied 1 year ago
thanks for your kind response i will follow your advice but there is one thing i want to ask for concerned Dist. Consumer Court (DCDRC) u/s.35 of CPA,2019 they clearly denies for auction related claims because they do not consider it as consumer quoting "it has been held by the Supreme Court that an auction purchaser is not a 'consumer' within the meaning of the Act and a... relief under the Act is not maintainable."please guide me in this scenario
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