NIBEDITA PATTANAYAK W/O MONORANJAN PATTANAYAK Vs. SWAPNA SENGUPTA & 2 ORS. W/O SRI AJAY KUMAR SENGUPTA

JUDGEMENT

(1.) The petitioner Smt. Nibedita Pattanayak and respondent no.3 Jayanta Kumar Deb Biswas, being the owners of certain land, entered into a Development Agreement with respondent no.2 Smt. Mita Ghose and executed a Power of Attorney in her favour for consideration. Smt. Mita Ghose entered into an agreement with the complainant Smt. Swapna Sengupta, for sale of flat bearing no. 12 on the 3rd floor of the proposed building to her for a consideration of Rs. 4,50,000/-. After completion of construction, the possession of the flat was handed over to the complainant. No Conveyance Deed however, was executed in her favour. The developer declined to execute the Conveyance Deed on the ground that Power of Attorney executed by the petitioner in his favour had been revoked. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint impleading the owners as well as the developer as the OPs in the said complaint.

(2.) The complaint was resisted by the petitioner primarily on the ground that the Power of Attorney having been revoked even before execution of the agreement in favour of the complainant, she was not obliged to join in the execution of the Conveyance Deed.

(3.) The District Forum vide its order dated 29.08.2014, directed all the OPs in the complaint i.e. the developer as well as the land owners to register the Deed of Conveyance in favour of the complainant.