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TMI Blog2024 (10) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... vide the letter dated 12-8-2014, the JAV has not been revoked so far and the same still continues to be in force. As rightly submitted by the learned counsel for the respondents, in the letter daeted 12-8-2014, the appellants had stated to be not liable Henceforth , i.e. after the said letter was sent - It is also not denied that the appellants have not taken any action whatsoever against the respondent No.2 with regard to the alleged non-compliance of the terms and conditions of JAV by the said Respondent. Under the circumstances, it does not lie in the mouth of the appellants to say that the appellants are not liable for the acts of Respondent No.2. The `NCDRC having considered all the issues with regard to the joint liability of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d herein.It appears that the appellants also executed Irrevocable Power of Attorney dated 6-7-2013 in favour of Respondent No.2 with regard to the said land. The Respondent No.2 on the basis of the said documents, entered into the sale agreements with the respondents complainants for the units in question. 3. The respondents complainants filed the complaints before the `State Commission under Section 17 of the Consumer Protection Act, 1986 against the present appellants and Respondent No.2 seeking inter alia the declaration that the present appellants and the Respondent No.2 were jointly and severally involved in the unfair trade practices and were guilty of deficiency in service, that they were jointly and severally liable to complete the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agreement signed by the O.P. No.1 with the complainants as per the conditions of the Joint Venture Agreement (JVA) and (Irrevocable Power of Attorney (IPA). v. The O.P. No.1 to provide the compensation of Rs.1,00,000/- to each of complainant for physical and mental harassment in the span of one month from the date of receipt of copy of this order and on failure, to pay interest at the rate of 9% p.a. upon it, till the final payment. vi. The O.P.No.1 to provide the cost of Rs.10,000/- to each of the complainant in the span of 30 days from the date of the receipt of copy of this order on failure to pay interest upon it at the rate of 9% p.a., till final payment. vii No order against O.P.No.4 viii Copy of the order be provided to both the par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roject, after looking at the agreement between them and the OP-1 builder. However, no satisfactory reply could be given by the appellants on that score. It is made out, therefore, that the interests of the complainants/ consumers shall be heavily jeopardised, if the plea of the appellants/OP-2 and 3 is accepted. 10. The appellants have referred to the orders made by the Hon'ble Supreme Court in the case, Faqir Chand Gulati vs. Uppal Agencies Pvt. Ltd. Anr., (2008) 10 SCC 345 and in the case, Sunga Daniel Babu vs. Sri Vasudeva Constructions Ors., (2016) 8 SCC 429, in support of their arguments before the State Commission as well as this Commission. I, however, agree with the contention of the State Commission that these two judgments are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Consumer Protection Act against the appellants, who were not privy to the agreement between the Respondent No.2 and the complainants. However, the learned Senior counsel Mr. Siddhartha Dave for the Respondent No.2 submitted that the said respondent is still ready to honour the JVA entered into by the appellants and Respondent No.2 and ready to complete the construction work with the cooperation of the appellants. He further submitted that the Irrevocable Power of Attorney was executed by the appellants in favour of Respondent No.2 after receiving consideration of Rs.1.51 Crores, pursuant to which, the Respondent No.2 had entered into the agreement with the complainants. 7. The learned Senior counsel Mr. Gopal Sankaranarayan drawing the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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