Who is a Consumer?

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. 

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

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.

 

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.

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

Thank you very much sir

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.