HON’BLE MR. JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) 1. The complainant Mr. Rahul Sampathlal Surana entered into an agreement with the petitioner namely M/s Saishradha Builders & Developers and respondent M/s Venkateshwara Developers & Builders for purchase of a residential flat bearing no.11 in a building on land bearing no. 111/12/B/1, Kalewadi, Rahatani, Pune-411017. The said agreement was signed by the proprietor of respondent no. 2 M/s Venkateshwara Developers & Builders as Attorney of the petitioner as well as in his individual capacity. The agreement was also got duly registered on 04.01.2008. The sale consideration was agreed at Rs. 1206000/- and was paid by the complainant who also availed loan from a Cooperative Bank at Pune for this purpose. A possession letter was also issued to him. However, when he reached the spot for taking possession of the flat, he found it to be occupied by another person who was the tenant of one Mr. Aggarwal, to whom this flat had already been sold. Being aggrieved from the failure of the sellers to deliver possession of the flat to him, and execute the title deed in his favour, the complainant approached the concerned District Forum by way of a consumer complaint. 2. The respondent M/s Venkateshwara Developers & Builders remained ex-parte before the District Forum. The petitioner however, contested the complaint and pleaded that the flat was purchased by the complainant from the other opposite party and not from him. It was admitted by the petitioner that he had executed the General Power of Attorney in favour of M/s Venkateshwara Developers & Builders but he claimed to have later cancelled the said Power of Attorney by giving a public notice on 16.12.2008. 3. The District Forum vide its order dated 09.08.2010, directed both the opposite parties in the complaint i.e. the petitioner and M/s Venkateshwara Developers & Builders to refund the amount of Rs. 1206000/- to the complainant, alongwith interest @ 10% per annum and the cost of litigation quantified at Rs. 3,000/-. 4. Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed by the State Commission vide impugned order dated 16.09.2014, the petitioner is before this Commission by way of this revision petition. 5. The agreement with the complainant was executed and registered on 04.01.2008. Admittedly, the Power of Attorney which the petitioner had executed in favour of M/s Venkateshwara Developers & Builders was still in force at that time, the same having been cancelled by way of a public notice given on 16.12.2008. Moreover, in view of the provisions contained in Section 203 of Contract Act, the Power of Attorney executed for consideration is irrevocable. The petitioner is bound by the acts and omissions of his Attorney namely M/s Venkateshwara Developers & Builders, a proprietorship concern of Mr. Venkateshwara Rao. The sale agreement with the complainant was executed by Mr. Venkateshwara Rao in two capacities; as the proprietor of M/s Venkateshwara Developers & Builders and as the Attorney of the petitioner. Therefore, not only M/s Venkateshwara Developers & Builders, the petitioner also became bound by the said agreement. 6. It is not in dispute that an amount of Rs.1206000/- was paid by the complainant. It is also not in dispute that the possession of the flat was not delivered to him and the flat has in fact been sold to another person. Therefore, on merits, the order passed by the fora below is eminently justified and cannot be faulted with. Being devoid of any merits, the revision petition is hereby dismissed. | 
