Anonymous
in Consumer Law Civil Law
Asked June 27, 2017

Power of attorney given by respondents in a consumer case

  • 3 Answers
  • 998 Views

I have a question about a legal situation. Can a Judgement debtor give away power of attorney and wash his hands off the case? I had filed a consumer complaint case at District Consumer Forum against 4 respondents. My complaint was allowed against respondents 3 & 4. But was disallowed against respondents 1 & 2. I filed an appeal at State Commission. But the appeal was stayed on ground that a civil case is pending before a civil court involving all 4 respondents. I filed Revision Petition before National Commission. National Commission allowed my petition against all 4 respondents. Respondents 1 & 2 filed SLP at Supreme Court. Supreme Court dismissed the SLP, thus confirming National Commission's order. Now instead of complying with order, respondents 1 & 2 gave away power of attorney to respondent 4 and his wife. Certain powers given therein are against my interests. Question is, can they give away power of attorney and wash their hands off the case? Is there any judgement of High Court or Supreme Court? Regards, L.Vaidya Ph: 9433071713

Answers 3

Power of attorney can be given but that doesnt mean the respondent xan wash hs hands from the case. The attorney is representing the respondent in the consumer forum till the final disposal of the case.

Please consult a lawyer for the contents of the POA and its holding on ur case.

 

Agree Comment 0 Agrees about 4 years ago

It required lot of homw work before answering your question. Relevant pleadings have to be perused.

Agree Comment 0 Agrees about 4 years ago

Sir, the power of attorney is governed by the Power of Attorney Act. This Act nor the general

jurisprudence of the land allows any correction or amendment of status quo retrospectively. That

means that any judgment or order in any case is given on the Status Quo and debtors must abide

by it. Changing status quo after the judgment does not have any implication of the judgment and

must be carried on as is. Thus the acts of respondents 1 and 2 is a blatant disobedience of the

Court orders and can attract penalties mentioned in the Contempt of Court Act.

Agree Comment 0 Agrees about 4 years ago

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