UOKiK imposed a punishment on Everest improvement 2 for unauthorised contractual provisions

UOKiK imposed a punishment of PLN 1.19 million on Everest improvement 2 for the usage of unauthorised and adverse contractual terms.

The Office for Competition and Consumer Protection reported on Sunday that Everest improvement 2 imposed on consumers an work to give power of attorney, the scope of which was not clearly defined. According to the POC, the clauses did not specify precisely what the attorneys were authorized to do, what actions they could take on their behalf, and what consequences could arise from the power of lawyer for consumers' interests.

The contested provisions concerned, inter alia:

• the timely and free placement of any advertising installation, including by companies associated with the developer,
• representing consumers in administrative proceedings concerning investment on neighbouring plots owned by the developer and related companies,
• representation of consumers in energy line decommissioning and construction of a fresh high-voltage power line.

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The president of the Office besides questioned the nature of the proxies granted. Everest improvement 2 reserves that all power of lawyer is irrevocable and does not expire erstwhile the power of lawyer dies. This means that the consumer and his heirs have been incapable to decide on the termination of representation by the proxy.

The Authority notes that the models of contracts applied by Everest improvement 2 besides required consumers not to object to future plans of the company or its related entities concerning the construction of neighbouring plots, the decommissioning of the power line and the placing of cable lines and power poles on common property. specified provisions deprive consumers of the right to usage the available legal means as co-owners of common property in the case of planned construction of neighbouring properties.

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