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sharat (Govt service)     12 August 2008

Who is a Consumer?

Sirs/Mams,

I purchased a Flat in Public Auction, done by Indian Bank. After purchase, I had some grievances w.r.t. the property. I sought advice from this website and based on that I approached Consumer Forum.

Now, the Bank argues that I am not a consumer and Bank is not a service provider, so there is no jurisdiction to the Consumer Forum.

Any body please help me whether I am (Auction Purchaser) a consumer in this case of public auction done by a Nationalized Bank. Consumer Forum asked me to prove this before 25th August. Please help me urgently.

Thanks a bunch to all those advices for my earlier question.

Thank you



Learning

 8 Replies

KANDE VENKATESH GUPTA (ADVOCATE)     12 August 2008

Mr.Sharat, furnish me the full details i.e., brief history leadinig to filing the consumer dispute i.e.,  nature of the controversy between you and the bank.  What is your grievance with the bank.  Unless, it is known, I am not in a position to give any advice. 

pravin lokwani (service)     12 August 2008

if question is for the qulity/position i.e. physical situation of the flat than sorry if it is for transfer of flat to you or any service that is to be provided by the bank than it is

D.V.RamaKrishna (Advocate)     12 August 2008

Mr.Sharat,


You said you purchsed the flat from Indian Bank through an auction.

Then the bank before conducting the auction might have given an

opportunity for inspection of the property to one and all who wanted

to participate in the auction. Regarding this please refer the auction

notice issued by the bank. If an opportunity has been given then it

was your duty to take stock of the property before participating in

the auction.


Now coming to the question of whether you are a consumer within the

meaning of the consumer protection act or not, we have to see

 whether the auction of the property was held as a part of business

 of selling properties through auction or it was sold in auction in

 connection with banking service of Indian Bank. Indian Bank might

have held auction of the property in pursuance of an order from

competent authority like court or tribunal purchased by u only

recover the amount due to it connected with the property.

 In that case there was no sale of goods or service by the bank

 to you for you to be a consumer as defined under the consumer

protection act. Hence I feel that you do not have any case to

succeed in a consumer forum. But you have the alternative of

approaching a competent court/tribunal for redressal of your

 grievances w.r.t. the property in question.

 

Guest (n/a)     13 August 2008

broadly speaking the scope of banking business includes receiving of deposits and lending of loans. any function of bank connected with this business falls within the purview of banking services. selling of property in an auction is incidental to its main business of money lending. depending upon the nature of deficiency that you are making out against the bank, you need to argue that the service rendered by bank falls within the purview of definition of consumer under the Consumer Protection Act.

Guest (n/a)     14 August 2008

 


Respected Sir,

 

This is Giridhar, mailing from Hyderabad.

 

I have purchased a flat in open Auction from the Indian Bank. Before the auction, the Bank did not show the property nor any documents. After purchase, I found the intensive damage of the flat to a tune of 50000 and taxes to a tune of 25000. I approached District Consumer Forum, Ranga Reddy Dist., AP seeking redressal for the deficiency of service. The Forum questions that whether I am a consumer and Bank is a Service Provder in terms of the Consumer Protection Act or not. Please help me in this regard.

 

In a case in the Consumer Forum, I got some citation viz. 205/92 SCDRC Chennai wherein Mylapore Tahasildar was the Opposite Party. Similarly in 170/92 SCDRC Chennai wherein Sub Registrar of Registration Department was the Opposite Party. I got those citations in Tamil.

 

I need those citations urgently in English. Kindly give some information about the above two cases via email, please. I need to submit the said citations on 25th August before the District Forum, Ranga Reddy.

 

Please help me sir.

Guest (n/a)     14 August 2008

Thank you very much Sir, You have thrown a ray of hope in my case. I am building the case on the lines of your valuable suggestion

Guest (n/a)     14 August 2008

Thank you very much sir

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 August 2008

section 2(d) defines "consumer" means,any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised or partly paid and partly promised or under ANY SYSTEM of deferred payment, when such serices are availed of wih approval of the first-mentioned person but does not include a person who avails of such services for any comercial purposes.


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