09/08/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

This order relates to hearing on admission.

It is the case of the Complainant that Sri Amit Ghosh secured a loan from Allahabad Bank, but due to the non-payment of the loan amount the OP Bank proceeded under SARFAESI Act and got possession of the property.  Subsequently, the Complainant purchased the property in auction at a price of Rs.32,10,000/-.  The Bank issued a sale certificate in favour of the Complainant on 05/09/15. 

It is contended by the Learned Counsel for the Complainant that the Bank sold the property in excess of the salable interest in the property and for such reason the complaint has been filed for the refund of the excess amount.       

It has been held in the decisions reported in IV (2012) CPJ 404 (NC) [Suresh Kumar vs. Haryana Urban Development Authority]; I (2015) CPJ 41 (NC) [Subhas Infra Engineers Pvt. Ltd. vs. Haryana Urban Development Authority]; 2015 (3) CPR 4 (SC) [U. T. Chandigarh Administration & Anr. vs. Amarjeet Singh & Ors.] that when the property has been purchased in a public auction the Complainant cannot be said to be a consumer.  In the instant case the Complainant purchased the property in public auction and, therefore, the Complainant is not a consumer. 

The complaint is dismissed being not admitted.