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2016 (9) TMI 1218 - HC - Indian LawsAuction - complaint about service in relation to immovable property - Held that:- As to the relief sought vide paragraph 7(i) and 7(ii), the material documents on record reveals that the land in question was mortgaged by respondent No.4 in favour of respondent-Punjab National Bank and because respondent No.4 failed to repay the loan, the Bank besides initiating proceedings under Section 14 of the Act of 2002 also took recourse to proceedings under Section 13 (4) of the Act of 2002 and auctioned the land in question which was purchased by respondent No.6 in whose favour sale certificate has been executed and duly registered on 17.06.2010 Since the proceedings initiated under Section 13(4) of the Act of 2002 has not been questioned and there is accrual of right in favour of respondent No.6 with the registration of valid sale certificate divesting respondent No.1 to 4 of their title over the property in question, the relief sought by the petitioner cannot be granted. More particularly when there is no pre existing title in favour of the petitioner. As to direction sought vide paragraph 7(iv), since the District Consumer Forum is a Court of limited jurisdiction conferred under Section 11 of Consumer Protection Act, 1986. And though it may have a jurisdiction to entertain a complaint about service in relation to immovable property. However, it will be beyond its jurisdiction to adjudicate claim as to title over an immovable property or even assume a title of either of the party in absence of cogent material and admissible document and further direct to execute the sale deed in respect of the land which as apparent was owned by respondent No.4 who mortgaged it in favour of respondent-Punjab National Bank, which, because of the account being NPA was subjected to proceedings under Section 13(4) of the Act of 2002 and was purchased by respondent No.6 in an auction. In the realm of these facts, even the relief sought vide paragraph 7(iv) cannot be granted.
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