HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. The complaint case under section 34 read with section 35 of the Consumer Protection Act, 2019 has been filed against the opposite parties praying for the following reliefs:-

“a) An order directing the opposite party to refund the complainant an amount of Rs.52,48,805/- (Rupees Fifty Two Lakh Forty Eight Thousand Eight Hundred and Five only) along with interest @18% from the date of last payment, i.e., 25^th June, 2019 till the date of its realization;

b) An order directing the opposite party to pay Rs.5,00,000/- (Rupees Five Lakhs only) as compensation to complainant for deficiency of services;

c) An order directing the opposite party to pay Rs.1,00,000/- (Rupees One Lakh only) as compensation to complainant for causing mental harassment and agony;

d) An order directing the opposite party to pay a sum of Rs.30,000/- (Rupees Thirty Thousand only) for legal expenses and other incidental costs;

e) Such other and / or further order(s)/ directions as the Learned Commission may deem fit and proper;”

2. Heard the Learned Advocate appearing for the complainant.

3. Having heard the complainant and on perusal of the petition of complaint it appears to me that the complainant Prashant Gupta has filed this petition of complaint through his constituted Attorney namely Anil Agarwal, s/o Om Prakash Agarwal residing at 21/3, S.N. Chatterjee Road, Kolkata- 700 038 by way of a special Power of Attorney executed on 06.07.2023.

4. On careful perusal of the so-called special Power of Attorney executed on 06.07.2023 it appears to me that the complainant authorized and appointed Sri Anil Kumar Agarwal as constituted Attorney by virtue of a special Power of Attorney.  By the said so-called special Power of Attorney, one Sri Anil Kumar Agarwal was duly authorized to file application under the West Bengal Real Estate Regulation Act, which shall have to be filed before the West Bengal Real Estate Regulatory Authority (WBRERA). This is the State Consumer Disputes Redressal Commission, but not WBRERA.  Therefore, the said so- called special Power of Attorney is not applicable in the instant case. Therefore, I may conclude that the special Power of Attorney is not legal and valid in filing the instant complaint case.

5. In the result, no action can be taken on the basis of the so-called special Power of Attorney. In consequences any order and / or findings passed on the basis of said special Power of Attorney cannot subsist and / or validly taken. So, the complaint case stands dismissed.

6. The complaint case is, thus, disposed of accordingly.