MEDHA KOTWAL LELE Vs. UNION OF INDIA

JUDGEMENT

(1.) The complainants/respondents entered into an agreement with respondent No.3 - Sri Subhasis Ukil who is running the business under the name and style of M/s meek, on 7.7.2004, for the purchase of a covered parking space as described in Schedule 'B' to the said agreement, for a total consideration of Rs. 3,50,000/-. A sum of Rs. 2,08,000/- paid to him and the balance amount of Rs. 1,42,000/- was to be paid after completion and at the time of registration of the conveyance deed in their favour.

(2.) Subsequently, respondent No.3 offered to cancel the said agreement and also issued two cheques, one of Rs. 2 lakhs and the other of Rs. 1 lakh to the complainants. The said cheques, however, got dishonoured when presented to the bank. The complainants, the petitioner and respondent No.3 then entered into a second agreement dated 11.3.2013. The said agreement was executed by respondent No.3 not only on his behalf but also as the Attorney of the petitioner, on the strength of Power of Attorney dated 12.11.2004 executed in his favour. In the supplementary agreement dated 11.3.2013, the parties reiterated the terms and conditions of the earlier agreement dated 7.7.2004. However, the possession of the covered parking space was not delivered to the complainants. Being aggrieved, they approached the concerned District Forum by way of a complaint.

(3.) The complaints were opposed by the petitioner as well as by respondent No.3. The District Forum vide its order dated 28.11.2014 directed both the parties' the petitioner as well as respondent No.3 to execute and register the conveyance deed of the parking space and to deliver its possession to the complainants within one month from the date of the said order.