Maharashtra

Additional DCF, Thane

CC/20/76

MRS. SAMIDHA SUSHIL GAVKAR W/O. OF DECEASED MR. SUSHIL VILAS GAVKAR - Complainant(s)

Versus

REALLIANCE CONSTRUCTIONS - Opp.Party(s)

SARALA V. SHINDE

13 Dec 2021

ORDER

THANE ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
Room no. 428 and 429, Konkan Bhavan Annex Building, 4th Floor,
C.B.D. Belapur, Navi Mumbai 400 614
 
Complaint Case No. CC/20/76
( Date of Filing : 05 Nov 2020 )
 
1. MRS. SAMIDHA SUSHIL GAVKAR W/O. OF DECEASED MR. SUSHIL VILAS GAVKAR
RESIDING AT- ROOM NO.11, NARAYAN NIWAS, SAI HILL, TEMBIPADA ROAD, BHANDUP (WEST), MUMBAI 400078
...........Complainant(s)
Versus
1. REALLIANCE CONSTRUCTIONS
THROUGH ITS PROPRIETOR MRS. KAVITA ANAND KADAM (DECEASED) THROUGH POA HOLDER MRS. VAISHALI SAVALKAR OFFICE AT- A-217, 1ST FLR, VASHI PLAZA, OPP. CENTER ONE, SECTOR-17, VASHI, NAVI MUMBAI 400703
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. R.P.Nagre PRESIDENT
 HON'BLE MS. Gauri M. Kapse MEMBER
 HON'BLE MRS. Sheetal A.Petkar MEMBER
 
PRESENT:
 
Dated : 13 Dec 2021
Final Order / Judgement

ORDER EXH-1

Date 13/12/2021

 

After Perused the complaint, it is observed that, the complaint is filed against the deceased Kavita Kadam through its Power of Attorney Holder Anand Kadam.

 

As per basic principle of Law, when who gives the Power of Attorney died, subsequently rights of powers given by that person to the Power of Attorney Holder stands extinguished and after death of the person who gives him a Power of Attorney has no any rights to  act of behalf of him.

In this case the complaint is filed against the deceased person which is not permitted in the law.    

Hence the complaint stands dismissed.

 
 
[HON'BLE MR. R.P.Nagre]
PRESIDENT
 
 
[HON'BLE MS. Gauri M. Kapse]
MEMBER
 
 
[HON'BLE MRS. Sheetal A.Petkar]
MEMBER
 

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