LAWS(SC)-2024-8-77

AKSHAY Vs. ADITYA

Decided On August 29, 2024
Akshay Appellant
V/S
ADITYA Respondents

JUDGEMENT

(1.) This set of five Appeals arises out of the common Judgment and Order dtd. 28/11/2017 passed by the National Consumer Disputes Redressal Commission, New Delhi (here-in-after, referred to as "NCDRC") in First Appeal Nos.1664-1668 of 2017, whereby the NCDRC has dismissed the said Appeals filed by the present appellants challenging the Judgment and Order dtd. 10/7/2017 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench, Nagpur (here-in-after, referred to as "State Commission") in a Consumer Complaint No.85 of 2015.

(2.) The appellants - herein are the owners of the land in question. They entered into a Joint Venture Agreement with Respondent No.2 - Glandstone Mahaveer Infrastructure Pvt. Ltd. for the development of the land and for construction of flats as mentioned herein.It appears that the appellants also executed Irrevocable Power of Attorney dtd. 6/7/2013 in favour of Respondent No.2 with regard to the said land. The Respondent No.2 on the basis of the said documents, entered into the sale agreements with the respondents - complainants for the units in question.

(3.) The respondents - complainants filed the complaints before the 'State Commission' under Sec. 17 of the Consumer Protection Act, 1986 against the present appellants and Respondent No.2 seeking inter alia the declaration that the present appellants and the Respondent No.2 were jointly and severally involved in the unfair trade practices and were guilty of deficiency in service, that they were jointly and severally liable to complete the activities and construction as per the terms and conditions agreed upon between the parties and put the complainants in possession of the properties mentioned in Schedule 'D' after completing the construction as also to execute the registered sale deeds in respect thereof.