JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

          The complainant/respondent no.1 & 2 alongwith Late Ms. Mohini K. Pursnani, entered into an agreement with respondent no.3 M/s Shubham Builders & Developers, where-under a bungalow in a project namely ‘Serene County’ which respondent no.3 was to construct, was to be constructed and sold to them for a consideration of Rs.48,96,000/-.  An agreement between the above referred persons was executed in this regard on 13.03.2009.  Since the bungalow was not constructed in terms of the said agreement, the appellant and respondent no.4 came into picture and executed an MOU on 29.06.2013, whereby they undertook to execute the work and complete the construction at their cost, in accordance with the sanctioned plan, within six months from the date of commencement certificate to be obtained and/or from the date of construction.  The MOU was executed between the complainants and Ms. Mohini K. Pursnani acting through their Attorney Sh. Ashok Chotrani as the first party and the appellant and Mr. Bharat Babulal Jain as the second party.  Ms. Mohini Pursnani had died before the said MOU came to be executed.  Therefore, the Power of Attorney in favour of Mr. Ashok Chotrani was valid only to the extent he was authorized to act on behalf of the complainants.  Clause 6, 9 & 12 of the MOU to the extent they are relevant, read as under:

6.      The PARTY OF THE SECOND PART hereby agree and undertake to execute, carry out and complete the construction work of the existing respective Row Hoses/Twin Bungalows is to be provided to them at the entire cost of The PARTY OF THE SECOND PART in accordance with the plan as may be approved and sanctioned by concerned Authorities within 6 (six) months from the date of commencement certificate to be obtained and/or from the date of Construction. 

          It is agreed by the Developers that the project should be completed within 6 months from the date of commencement certificate to be obtained and/or from the date of Construction and acquiring all the rights, title and interest of said partnership firm i.e. M/s Shubham Builders and Developers.

9.      The PARTY OF THE SECOND PART is hereby expressly agreed, declared and confirmed that the PARTY OF THE SECOND PART is entitled to enter into agreement