DEEPAK MAHESHWARI,J. - (1.) This first appeal under Section 96 of CPC has been filed by plaintiff/appellant against the judgment and decree dated 29.01.2007 passed by learned Addl. District Judge (Fast Track) No.2, Bhilwara in Civil Original Suit No.5/2006 whereby the suit filed by the plaintiff/appellant for recovery of money has been dismissed by learned trial Court.
(2.) Briefly stated the facts giving rise to the instant appeal are that the plaintiff/appellant filed a suit for recovery of money against the defendant/respondent inter alia alleging that loan granted to one M/s. Vinus Engineering by defendant/respondent Bank was outstanding and as such building and industrial land of the said firm was sought to be auctioned for recovery of the said outstanding loan amount. Therefore, an advertisement for auction was published in the newspaper on 04.01.2003 without mentioning the conditions. The plaintiff/appellant participated in the said auction proceedings and his bid of Rs.19,05,000/- was found to be highest and he deposited 25% of the amount with the defendant bank and on deposit of the balance amount, the sale confirmation letter was to be issued by the defendant Bank and the same was to be got registered. On 25.1.2003, the defendant/ respondent Bank wrote a letter to the plaintiff/appellant and demanded the balance amount along with 2.5% of the auction amount as transfer fee in advance whereas the said condition of depositing transfer fee @ 2.5% of the auction amount was not mentioned earlier. In these compelling circumstances, the plaintiff/appellant deposited a sum of Rs. 47,625/- on 21.02.2003. Thereafter, sale confirmation certificate was issued to the plaintiff/appellant but the amount of Rs.47,625/- was not refunded to him. The plaintiff/appellant submitted an application in this respect and also sent a notice. The plaintiff has also submitted an application before the District Consumer Forum where he was advised to approach before competent trial Court. The plaintiff, thus, claimed total amount of Rs.63,851/-, out of which Rs.47,625/- towards principal amount, Rs.16,185/- towards interest and Rs.41/- as publication charges of information letter and prayed for passing the decree in his favour.
(3.) The defendant/respondent Bank submitted the written statement and contended that the Court has no jurisdiction to hear and decide the suit. The defendant / respondent admitted the fact of auction and mentioned that for obtaining detailed information about the auction, Telephone No.220090 was provided in the advertisement. It was contended in the written statement that all the conditions were made known to the plaintiff and only thereafter, he participated in the auction proceedings. The plaintiff was never assured that after confirmation of sale, the amount would be refunded to him. It was further contended that plaintiff/appellant approached before the District Consumer Forum where he was advised to file suit before the competent trial Court and/or to initiate proceedings before the Registrar, Cooperative Societies. Thus, the plaintiff was required to initiate proceedings before the Registrar, Cooperative Societies and hence, it was prayed that the plaintiff is not entitled to claim any amount and the suit filed by him is liable to be rejected.;