The bidder is required to do his due diligence before paying the emd or any further amount to the bank
The banks always sell such secured assets on as is where is and whatever is there basis
Since you did not bother to exercise legal due diligence and make inquiries about the encumbrances on the property being auctioned, it is presumed that you are aware about all encumbrances affecting the property
So now If you do not proceed with the transaction then the bank can forfeit your emd as per the auction terms and pass on the property to the next highest bidder
Ideally before expiry of date for depositing emd, you ought to have made requisitions and raised objections regarding title of property with the bank and required it to comply with the same. You having not done so, cannot now cry foul and that is how it works in auction sales