SRI. JIMMY KORAH (PRESIDENT)<br /> <br /> Complainant filed the present complaint through a Power of Attorney holder.<br /> 2) The case of the complainant is that they entered into an agreement for purchasing a flat with the opposite parties. The sale consideration is Rs. 13,37,000/-. Out of this amount they paid Rs. 11,37,000/-. The date of agreement was on 12-1-1996. There after the complainant and opposite parties entered into an agreement on 22-12-1999, in which the opposite parties agreed that they will repay the amount paid by the complainant. But the opposite parties have not paid the amount. Thereafter complainant filed a complaint before Judicial First Class Magistrate Court Chengannur. This complaint forwarded to Chengannur Police Station and registered an FIR. This case was compromised by the complainant’s power of attorney holder and the opposite parties on a condition that the opposite parties shall give the flat as stated in the original agreement after its construction immediately or in alternate the opposite parties shall give a new flat in Kadavanthra area. This agreement was also not performed by the opposite parties. Hence this complaint filed.<br /> 3) Opposite parties filed version by stating following contentions. Complaint is filed by the power of attorney holder. Hence complaint is not maintainable. Payment effected by the complainant is not correct. Subsequent agreements executed between the parties are not correct. Opposite parties given a signed stamp paper before the Dy.S.P. Chengannur on the basis of his threat. Hence petition may be dismissed.<br /> 4) Considering the rival contentions of the parties this forum framed following issues.<br /> a. Whether the complaint is maintainable or not?<br /> b. Whether there is any deficiency of service on the part of the opposite parties?<br /> 5) Complainant given evidence and marked 12 documents. Documents are marked as Exts. A1 to A12. Opposite parties have not adduced any evidence.<br /> 6) Admittedly complaint filed through a power of attorney holder. The complaint was signed by the power of attorney holder. As per the agreement dated 12-1-1996 there were two purchasers, Sajan Koshy and Annie Sajan Koshy. The power of attorney was given by only Sajan Koshy. On going through the section 2(1)(b) and 2(1)(d) of the Consumer Protection Act it can be seen that power of attorney holder is not a consumer. This position was up help in the decisions reported in Oberoi forwarding Agency Vs National Insurance Co. I(2000)CPJ 7 and Sowrab Offset Printers Vs K.S. Gupta II(2002) CPJ 441. Considering the above two facts i.e., complaint filed by the power of attorney holder and one of party has not given power of attorney or signed in the complaint. Hence these facts are against the complainant.<br /> 7) Opposite parties denied the execution of subsequent documents i.e., documents dated 22-1-1999 (Ext.A7) and 7-10-2002 (Ext. A8). The execution of Ext. A8 is alleged that opposite parties given blank stamp paper due to the threat of Dy.S.P. Complainant admitted that this document was executed in the presence of Chengannur Dy.S.P. Apart from that as per Agreement dated 22-1-1999 (Ext. A7) the complainant withdrawn the claim of flat and agreed for repayment of money. But subsequent agreement executed before the presence of Dy. S.P. changes for the purchase of flat. The complainant filed the present complaint for get back the money given by the complaint. These facts are involved serious question of civil disputes.<br /> 8) Hence this Forum finds that complaint is not maintainable. Petition dismissed. No order on cost.<br /> <br /> Complaint dismissed.<br /> Pronounced in Open Forum on this the 30th day of May, 2008.<br /> <br /> Sd/- SRI. JIMMY KORAH: <br /> Sd/- SMT. SHAJITHA BEEVI:<br /> Sd/- SRI.K. ANIRUDHAN: <br /> APPENDIX<br /> <br /> Evidence of the Complainant:<br /> <br /> PW1 - Ponnamma Kuruvila<br /> Ext. A1 - Receipt dated 12-1-1996<br /> Ext. A2 - Receipt dated 10-4-1996<br /> Ext. A3 - Receipt dated 15-6-1996<br /> Ext. A4 - Receipt dated 3-10-1996<br /> Ext. A5 - Receipt dated 17-1-1997<br /> Ext. A6 - Agreement dated 12-01-1996<br /> Ext. A7 - Agreement dated 22-12-1999<br /> Ext. A8 - Agreement dated 7-10-2002<br /> Ext. A9 - Letter dated 31-03-2004<br /> Ext. A10 - General Power of Attorney dated 28-08-2002<br /> Ext. A11 - Postal Receipt dated 6-4-2004<br /> Ext. A12 - Postal Acknowledgement Card<br /> <br /> Evidence of the Opposite Parties: NIL <br /> <br /> // True Copy //<br /> By Order<br /> <br /> <br /> <br /> Senior Superintendent <br /> To<br /> Complainant/Opposite parties/SF<br /> <br /> Typed by: Sh/-<br /> Compd by:<br />