Smt. Indrani Bhattacharjee vs M/S Banerjee Associates on 18 November, 2014
The
Learned Counsel for the Complainant has submitted that the flat in question
belonged to Smt. Mohua Dutta who cancelled her agreement for purchase. It is contended that out of the consideration
of Rs.15 lakh the Complainant in all paid Rs.7,40,000/-. It is submitted that there is a declaration
made by OP No.1 being Annexure-H with the promise to transfer the flat within
one month from 04/12/09 in favour of the Complainant. It is submitted that power of attorney was
executed by the Land Owners and OP No.1 did not adduce any evidence. The Learned Counsel for the Complainant has
referred to the decision reported in AIR 1973 Patna 299 [Birendra Mohan Ghosh
vs. Mohamed Umar]. It is submitted that
Smt. Manju Das signed in the development agreement and also in the power of
attorney. It is contended that it was
the undivided property of the heirs of Chittaranjan Dutta and the Complainant
purchased from the Developers allocation and as per terms of agreement the
Landlords will not interfere with the actions of the Developer and will sign
the deed as confirming party. It is contended
that as per Annexure-B, that is, agreement for sale the Developer is the
Constituted Attorney and the omission of the name of Smt. Manju Das in the
agreement for sale is immaterial as all the Land Owners executed the power of
attorney and the Developer is the Constituted Attorney of the Land Owners.