Revocation of power of attorney does not affect liability of Society/ Landlord and builder/developer towards consumers/buyers/allottee,

By Staff Reporter

Section 79A Maharashtra Cooperative Societies Act, 1960 , and Section 17 of the Consumer Protection:
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 dated 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.The respondents – complainants filed the complaints before the `State Commission’ under Section 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.
The Hon Supreme Court opined: The `NCDRC’ having considered all the issues with regard to the joint liability of the appellants as well as the Respondent No.2, we do not find any good ground to interfere with the same.