Order No.06

From the track reports filed by the Ld. Advocate of the Complainant it transpires that the service of notices upon all the OPs (save and except OP 6) could duly been effected on 07.04.2022 and 08.04.2022, but none of them except OP 6, had entered appearance. But they will get time to file WV as per order of the Hon’ble Apex Court.

As such 26.05.2022 is fixed for filing WV by all the OPs save and except OP 6.

Today is fixed for order on the MA 26/2022.

Land lord namely Suman Sutradhar has filed an aforesaid application seeking dismissal of this complaint as against him mainly on the ground that the Complainant is not a consumer of the land lord.

It appears that Mr. Suman Sutradhar, owner of 1 katha, 10 chittak 35 square feet land on RS Plot No. 20894690 and Khatian No. 202/1 under Dumdum P.S, executed a power of attorney on 18.01.2017 empowering Ashirbad Construction to carryout development of the said plot into multi-storied building.

On being authorized under the said powernama, the developers entered into an agreement with the Complainant for sale of flat falling within the developer’s allocation. Due to non-performance of the developers part of agreement, the Complainant has filed this case against the developers as well as land owners.

The Ld. Advocate appearing for the land lord now wants to say that the presence of the land lord is not required for the disposal of the litigation that has cropped up between developer and the Complainant. But on cursory perusal of the power of attorney dated 10.01.2017 it reveals that the developer was appointed as an agent for land lord for the purpose of carrying out development and also for selling the flats falling under developer’s allocation. What the developer did in this case was done in the capacity as land lord’s agent. Therefore for disposal of the litigation that has been broke out in the meanwhile, the presence of the land lord is necessarily required.

So, the application being no. MA 26/2022 for expunction of his name calls for no action and hence it is rejected. The MA thus disposed of.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT