Legal Question in Consumer Law in India

I entered into a contract with a Developer for purchase of a Flat. The Developer had a General Power Attorney from Land-owners which was not registered. My contract was with the Developers and the land-owners gave a declaration to sign the Deed of Conveyance. My Financier asked for the Trade License of the Developer and later on asked for the Draft deed of Conveyance approved by the Developers and the Land-owners. The developer first dillydallied in supplying the Trade License and gave reason that the demand is unjust and irrelevant, causing delay in the sanction of the Loan and later on did not approve the Draft of Deed of Conveyance for which the loan was not disbursed by the Financier. The Developers unilaterally scrapped the Sale agreement and refunded the money paid. It is to be mentioned here that the Developers accepted a part of consideration after the stipulated period of two months mentioned in the Sale Agreement when they supplied the Trade License copy. Now I have filed a Consumer complaint against the Developers and Land-owner with the Financier a Pro-forma Opposite Party. My Financier is opposed to this.

My question:

1. Has it been unjust to make the Financier as Pro-forma Defendant?

2. Cannot the Land-owners be made liable for deficiency of service and unfair Trade Practice along-with the Developers?

3. If there any case law regarding such matters, kindly let us know.

Ujjwal Panda,

Kolkata,West Bengal, India.

1 Answer from Attorneys

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