V. SANTOSH Vs. MANAGER, PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Complainant participated in an auction proceedings ordered in execution proceedings by 2nd Additional Senior Civil Judge at Mysore. The executing court accepted his bid of Rs.36,10,000/-. After the acceptance of the bid, the complainant as per the directions of the Court deposited the entire amount of Rs.36,10,000/- in Court on 09.07.1996 and 22.07.1996. On the application of complainant, the executing court directed the aforesaid amount to be kept in fixed deposit in Punjab National Bank, Law Courts Extension Counter, Mysore. The judgment debtor resisted the execution proceedings. The execution proceedings were closed by the concerned Court on 07.03.2003 because the decree holder reported the receipt of entire decretal amount from the judgment debtor. On 07.03.2003 itself, the concerned executing court directed the complainant to file voucher of receiving the amount with accrued interest. On 17.03.2003, as per the orders of the executing court, a cheque of Rs.57,91,464/- dated 24.03.2003 was issued in favour of the complainant against the payment of deposited amount with interest.

(2.) According to the complainant he was paid Rs.9,44,330/- less because of wrong calculations. The complainants, therefore, called upon the opposite party bank to make good the aforesaid loss. The opposite party bank refused to pay the alleged deficient amount of Rs.9,44,330/-. Feeling aggrieved, the complainant has filed instant complaint seeking following reliefs:

(3.) We have heard arguments on admission particularly the pecuniary jurisdiction of this Commission to entertain this complaint.