Order No.  12 Date-   10.02.2021

            Record is put up for passing order in the matter of maintainability of the instant consumer complaint. On perusal of the papers submitted before us it is observed that the complainant Anand Gupta s/o Satya Narayan Gupta residing at P-153, Mudiali Road, Garden Reach, Metiabruz, Kolkata – 700 024 booked one flat of 300 sq. ft. at a consideration price of Rs. 2,200/- per sq.ft. on the third floor of the premises no. P-146 Mudiali Bazar, P.O- Gardenr Reach, P.S.- Metiabruz, Kolkata – 700 024 vide Agreement for Sale dated 06.11.2017. The Agreement for Sale is in between M/s. Chatterjee constructions represented by its proprietor Ranu Chatterjee w/o Bijay Chatterjee of J-224 Paharpur road P.O & P.S – Garden Reach, Kolkata – 700 024 being the first party/authorized attorney and the complainant Anand Gupta. As a token of acceptance of the terms and condition of the agreement Rs. 1,65,000/- in cash was accordingly paid by the complainant. On scrutiny of the Agreement for Sale it is further observe that the agreement was executed by the complainant Anand Gupta and Bijay Chatterjee, husband of Ranu Chatterjee. The money receipt of Rs. 1,65,000/- was signed and acknowledged by Bijay Chatterjee.

            While perusing the other papers it is found that Smt. Manju Neogy, Shri Ranjan Neogy and Smt. Moli Hazra being the owners of the said premises through registered development power of attorney authorized Smt. Ranu Chatterjee being the proprietor of M/s Chatterjee Constructions to develop the said premises with certain terms and conditions vide Development Power of Attorney registered on 09.09.2016 at District Sub Registrar -II, Alipore, South 24 Pgs. In the said Registered Power of Attorney Smt. Ranu Chatterjee being the proprietor of Chatterjee Consturction put her signature. By virtue of this registered power of Attorney Smt. Ranu Chatterjee is legally entitled to execute sale agreement with the intending purchasers. But here in this case the Agreement for Sale is executed by the complainant Anand Gupta and Bijay Chatterjee husband of Ranu Chatterjee. No scrap of paper has been furnished by the complainant where from it could be established that Bijay Chatterjee has been authorized to execute any document on behalf of Ranu Chatterjee being the proprietor of M/s Chatterjee Constructions. As such Bijay Chatterjee has no authority to sign/execute any document on behalf of Ranu Chatterjee. The money receipt is also issued by Bijay Chatterjee which is also not legally tenable. Since the authority was given to Smt. Ranu Chatterjee only Bijay Chatterjee is not entitled to execute any document on behalf of Ranu Chatterjee. As such the agreement for sale in respect of the instant property is ab initio void. Accordingly the complainant Anand Gupta is not entitled to claim any relief on the basis of the void agreement for sale.

Hence, ordered :

The maintainability petition is allowed on contest and the Consumer Complaint  Case No. 395 of 2019 is dismissed .Thus the MA petition No. 86/2020 is disposed of.