BIPUL BHARALI Vs. PRASANTA DAS

JUDGEMENT

(1.) Heard Mr. P. Saikia, learned counsel for the appellant. Also heard Mr. M. Dutta, learned counsel for the respondent.

(2.) This is an appeal under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 read with Sec. 100 of the Code of Civil Procedure, 1908, preferred by the appellant, against the judgment and order dtd. 25/4/2023, passed by the Assam Real Estate Appellate Tribunal, Guwahati in REAT/ASSAM/Appeal No. 13/2022, arising out of RERA Complaint No. RERA/ASSAM/COM/2021/53, whereby the learned Tribunal dismissed the appeal filed by the appellant.

(3.) The brief facts of the case is that the appellant is the proprietor of M/S Bipul Construction, a registered proprietorship Firm/Builders/Promoters dealing with Real Estate/Construction of Flats/Apartments/Residential Units and allied business having its registered Office at Bipul Complex, 3rdFloor, Maligaon Chariali, District Kamrup (M), Assam. On the strength of Irrevocable General Power of Attorney vide Deed No. 3710/13, dtd. 15/10/2013, and 3167/14, dtd. 29/8/2014, and Deed of Agreement for Development being Deed No. 463/13, dtd. 15/10/2013, and Deed No. 3167/14, dtd. 29/8/2014, executed by and between Shri Amal Kumar and Hem Chandra Kumar, both are the son of Late Dambari Dhar Kumar, resident of Maligaon, the said M/S Bipul Construction was empowered and authorized to construct a multi-storied apartment/building/flats on the plot of land.