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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
HON'BLE MR. JUSTICE A. P. SAHI, PRESIDENT, HON'BLE MR. BHARATKUMAR PANDYA, MEMBER
PUNJAB NATIONAL BANK (E-UBI) – Appellant
Versus
SRI PRANAYAN CHOUDHURY – Respondent
| Table of Content |
|---|
| 1. overview of the auction sale process and initial transactions. (Para 1 , 2) |
| 2. appellant's arguments regarding lack of consumer status and delay in complaint. (Para 3 , 4 , 10 , 12) |
| 3. court observations on the incorrect assumptions in the complaint proceedings. (Para 6 , 7 , 8 , 13) |
| 4. legal findings related to the status of the auction purchaser and bank obligations. (Para 14 , 16) |
| 5. final judgment allowing the appeal and dismissing the complaint. (Para 17) |
ORDER
1. The appellant bank has challenged the order of the State Commission in CC No. 24/2018 dated 16.06.2022 whereby the complaint of the complainant (respondent herein) was allowed and the opposite party bank (appellant herein) was directed to pay interest @ 6% p.a. on Rs.14.25 lakhs for the period during which the DDs deposited by the complainant with the appellant bank towards auction purchase remained wrongfully with the appellant bank.
2. The brief facts of the case are as under:
Appellant bank published an auction notice in Uttar Banga Sambad inviting in sealed cover from the intending buyers for purchase of a specific mortgaged property of M/s Kalpana Enterprises, situated at Rashbehari Sarani for open la
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