hello

The Government functionaries clothed with power to award Government contracts indisputably a public largesse, are required to act in a fair, transparent and objective manner while dealing with tendering process or awarding contracts. The rules of game are not to be acted upon in a hyper-technical manner, unmindful of what is otherwise a fact of common knowledge and not to trip people up or penalize an aspirant for contract. Whatever is not fair, transparent and objective, would be in conflict with Rule of Law and therefore tainted with arbitrariness.

therefore you do have a remedy and you should file a writ petition before the HC. because of the mistake of the other bidder, you cannot be penalized. you did contact the authorities and have records

regards

1) file a writ petition under Article 226 of the Constitution of India with a prayer.

Citation.....

M/s.Hameed Enterprises,

rep.by Mohammed Thayyib,

625, M.K.N.Road, Guindy,

Chennai - 32. ... Petitioner

Vs.

1. The Registrar,

Indian Institute of Technology,

1st Floor of Administrative Building,

Madras - 36.

2. The Regional Manager,

M.S.T.C.Limited,

Leelavathi Building, 69, Armenian Street,

Chennai - 600 101. ... Respondents...

in this case

the writ petition is allowed with a direction to the first respondent to refund the forfeited EMD amount with 9% interest per annum, after deducting the expenses incurred for the conduct of fresh E-Auction. The first respondent is granted four weeks time to implement this order. No costs.

similar issue

Madras High Court

M/S.Hameed Enterprises vs The Registrar on 18 September, 2014

Challenge in court stating the issue and pray for cancellation of the bidding or retaking of bidding.

You were declared the successful bidder at the auction

2) if you don’t make payment your earnest money paid would be forfeited

3) you have to take legal proceedings to challenge forfeiture of your earnest money

4) seek refund of earnest money paid by you

Rely upon email exchanged with the auction team

2) Calls made to AGM

3) legal notice issued and reply received by you

4) you can by legal proceedings seek stay against forfeiture of your earnest money

5) if earnest money is Forfeited seek orders to set aside the forefeiture

1) Here you can file case with first ombudsmen and explain all details and what should be the property price actually.

1. You are liable for ANY mistakes in the eAuction, which is irreversible. This is more so since the Auction closed, after your bid. This eAuction CANNOT be reconducted, UNLESS the eAuction, fails due to connectivity problems .OR. due to any other auction glitches.

2. The above is despite any emails /phone calls made to the eAuction manager /house, since other eAuctioners will not know of your inadvertent mistake or the restart of the eAuction.

3. Since the earnest /deposit money would be negligible when compared to your final Auction amount, the probable thing to do is to forfeit the earnest money, rather than raise any legal dispute, wherein it will be literally impossible to succeed.

4. HOWEVER, "IF" you can manage to trace the eBidder of the last exorbitant amount of the eAuction, and get him to admit his mistake in a court of law, THEN you might be able to recover your earnest /deposit money. ELSE THERE IS NO SCOPE FOR ANY RELIEF.

Keep Smiling .... Hemant Agarwal

1. In every auction process there is a way to withdraw from the bidding.

2. if not then there is a mechanism to raise dispute which you have rightly done.

3. Now if it is shown as it is apparent that the figure quoted is typing error then the bank is bound to take this into account and redress your grievances.

4. If not then file a writ petition in high court. There is nothing to worry as due to human error you would not loose your money.

This is your mistake and your EMD is liable to be forfeited by the bank while feeding you must be very careful inputting the numbers. for your grievance can file a petition in high court as a mandamus writ petition and pray that the amount entered in the E bidding is excessive and there is a typo mistake and let the High Court allow your petition and may direct to the bank as thinks appropriate.

1. The remedy in your hands is to file a writ petition in the High Court to seek directions to the authorities to refund the earnest money paid by you. Also seek stay against the forfeiture of it during the pendency of the writ petition.

2. Annex along with your petition the emails exchanged and the legal notice issued by you. You are entitled to the refund of the earnest money.

Hi,

you may apporach ombudsman before approaching to court.

Both the remedies are open to you. You can approach Ombudsman if you don't get satisfactory remedy you can approach court.

The bank is trying to act smart

You will have to find out the circle rate in the area where this auctioned property is situated

Obviously the property cannot fetch 4. 3 crores for which the reserve price was set at 18.8 lacs only

How can the bidders make such phenomenal bids so as to take the property price to 4.3 crores from a measly 18.8 lacs

Write to the banking ombudsman. Produce all emails you sent to the bank informing it about the blunder

If ombudsman does not reply or give an adverse order then you will have to file a writ petition in court if the auction was conducted by a public sector bank. If the bank was a private bank then you will have to file a suit in civil court

Claim your earnest money with interest. Also claim cost of legal proceedings

Bank has certainly acted wrongly and its intention looks malafide and oblique

Court will give you relief

You will not get a satisfactory reply or action by the banking ombudsman.

They will simply;y wash away the responsibility without going deep into the technical problems and the steps you have taken immediately to rectify the mistake.

They will hold you responsible for the debacle and may go by the decision conveyed by the bank in this regard.

Hence it will be a futile effort to approach banking ombudsman.

You may better approach civil suit with a money suit for recovery.

Alternately you may approach consumer court for relief and remedy.