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MANOJIT MANDAL, SAMIKSHA BHATTACHARYA
Deepa Ghsoh – Appellant
Versus
Gargi Ghosh – Respondent
ORDER
Samiksha Bhattacharya, Member—The Complainants filed the instant case u/s 17 of C.P. Act 1986 alleging deficiency in service against the OPs.
2. The facts of the case, in brief, are that the OPs are the joint owners in respect of entire landed property measuring 4 cottahs 15 chittacks 3 sq. ft. together with building of the municipal premises No. 17/6, Bose Pukur Road, P.S. Kasba, Kolkata-700 042 within the limit of KMC under Ward No. 67, District 24 Pgs. (South). In the year 2013 both the OPs decided to make a multi-sotied building for commercial exploitation and after a long discussion between themselves the OP No. 2 being the owner as well as developer offered the OP No. 1 that she would make a construction over the property being a Developer and accordingly a Development Agreement was executed on 14.08.2013 where the OP No. 2 represented herself to be co-owner as well as the Developer. Subsequently, the said Developer/ OP No. 2 being the co-owner got the sanctioned building plan from the KMC being permit No. 2013070035 dated 07.05.2013 and according to the sanction pl
The court affirmed the validity of executing and registering the sale deed upon payment of the balance consideration while dismissing claims of defects due to lack of prior complaints.
(1) Power of attorney - In absence of power of attorney, OPs No. 1 & 2 have no power to construct the building or to execute and register the deed of conveyance in favour of the complainant.(2) Natur....
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