State Consumer Disputes Redressal Commission
Sri Santosh Kumar Tiwari vs Idbi Bank Ltd. on 9 October, 2014
DRAFT STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, MIRZA GHALIB STREET KOLKATA 700 087 S.C. CASE NO.CC/327/2014 DATE OF FILING:10/09/14 DATE OF FINAL ORDER:09/10/14 COMPLAINANT : Sri Santosh Kumar Tiwari S/o-Balram Tiwari 2nd floor, P-304/D, CIT Road Scheme VI M, Kankurgachi Kolkata-700 054 OPPOSITE PARTIES : 1) IDBI Bank Ltd. Specialized Corporate Branch Recovery Department 4th floor, IDBI House 44, Shakespeare Sarani Kolkata-700 017 2) Authorized Officer IDBI Bank Ltd. Specialized Corporate Branch Recovery Department 4th floor, IDBI House 44, Shakespeare Sarani Kolkata-700 017 3) General Manager IDBI Bank Ltd. Specialized Corporate Branch Recovery Department 4th floor, IDBI House 44, Shakespeare Sarani Kolkata-700 017 4) Deputy General Manager IDBI Bank Ltd. Specialized Corporate Branch Recovery Department 4th floor, IDBI House 44, Shakespeare Sarani Kolkata-700 017 5) Recovery Manager IDBI Bank Ltd. Specialized Corporate Branch Recovery Department 4th floor, IDBI House 44, Shakespeare Sarani Kolkata-700 017 BEFORE : HONBLE JUSTICE : Mr. Kalidas Mukherjee
President HONBLE MEMBER : Mrs. Mridula Roy HONBLE MEMBER : Mr. Tarapada Gangopadhyay FOR THE COMPLAINANT : Mr. Ashok Kumar Singh Ld. Advocate
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: O R D E R :
HONBLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT This order relates to hearing on the point of admission.
The Learned Counsel for the Complainant has submitted that the Complainant is the auction purchaser of the property as mentioned in the complaint in pursuance of the public notice for sale of residential flats under the provisions of SARFAESI Act, 2002. It is contended that the Complainant being the highest bidder purchased the property and deposited the earnest money, but the OPs are not supplying the copies of the documents relating to the title of the property auction purchased by the Complainant. The Learned Counsel for the Complainant has referred to the decision of the Hon'ble National Commission in RP 4662 of 2012 [Jaswinder Singh vs. Corporation Bank decided on 01/08/13] in support of his contention.
We have heard the submission made by the Learned Counsel for the Complainant and perused the papers on record. Evidently, the property was sold in public auction by the OP Bank in exercise of the powers conferred under the provisions of SARFAESI Act, 2002. Moreover, it appears from the Annexure-A, that is, the public notice for sale of residential flats wherein it was clearly mentioned that the property is being sold on as is where is, as is what is & whatever there is basis. Since the property has been sold in exercise of the provisions of SARFAESI Act and as is where is, as is what is & whatever there is basis, we are of the considered view that the Complainant cannot be said to be a consumer within the meaning of section 2(1)(d) of the C. P. Act, 1986. In this connection we rely on the decision of the Hon'ble National Commission reported in IV (2012) CPJ 404 (NC) [Suresh Kumar vs. Haryana Urban Development Authority] wherein it has been held that when the property has been purchased in open auction, the Petitioner is not a consumer. In another decision reported in 2013 (2) CPR 168 (NC) [Standard Chartered Bank vs. Virendra Roy] it has been held by the Hon'ble National Commission that as per section 34 of the SARFAESI Act, 2002 the Consumer Fora have no power to interfere with the SARFAESI Act. In another decision reported in IV (2013) CPJ 107 (NC) [M.O.H. Leathers Ltd. vs. Indian Bank] it has been held that in case of recovery of debt the Consumer Fora do not have jurisdiction to deal with matters relating to SARFAESI Act in summary jurisdiction. The decision cited by the Learned Counsel for the Complainant is not applicable in the facts and circumstances of the instant case.
The petition of complaint is dismissed being not admitted.
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MEMBER(TG) MEMBER(L) PRESIDENT