BEFORE THE
HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA UNIT-III
Tramline
Building ( 1st Floor )
18, Judges
Court Road, Alipore, Kolkata - 700027
Consumer Case
no. CC/240/2020
In the matter of:
Tushar Kanti Ganguly & Anr.,
....Complainants
-versus-
Soumen
Chakraborty & Anr.,
... Opposite Parties
QUESTIONNAIRE OF THE OPPOSITE PARTY NO.1, SOUMEN
CHAKRABORTY
The
followings are the questions by the Opposite Party no. 1, Soumen Chakraborty,
to the Consumer Complainants;
Questions
;
Question
no. 1 What is your educational
qualification and occupation ? do you
able to read, and right English ?
Question
no. 1A This is true that the Complainant
no. 2, Smt. Sharmistha Ganguly, did not authorize you therefore her
authorization has not been given by you in your Evidence on Affidavit,
submitted in the Consumer Case proceeding. Say yes or no, describe your answer
in details, if any.
Question
no. 1B What is educational qualification
and occupation of the Complainant no. 2, Smt. Sharmistha Ganguly? Whether she
is able to read, and right English ?
Question
no. 1C Did you ever aver anywhere in
your petition of consumer complaint and or in your evidence on affidavit, that
the complainant no. 2, Smt. Sharmistha Ganguly, has consented to lodge the
present consumer complaint against this opposite party.
Question
no. 1D Did you ever pray to exhibit the
documents you relied on in your evidence on affidavit ? if so say the paragraph
number, page number of your evidence on affidavit.
Question
no. 1E This is true that the present
consumer complaint is a cause of your false and frivolous endavour against this
opposite party. Say yes or no, describe your answer in details, if any.
Question
no. 1F This is true that the present
consumer complaint is barred by the
principal of resjudicta. Say yes or no, describe your answer in details, if
any.
Question
no. 1G This is true that earlier you
have instituted two numbers of consumer cases on the same self -story and cause
of action, against this opposite party, before the Hon’ble District Consumer
Disputes Redressal Commission, Kolkata Unit – III. Say yes or no, describe your answer in
details, if any.
Question
no. 1H This is true that your Consumer
Complaint is not maintainable in the given format, as the same has not been
placed in terms of the prescribed provisions of Section 35 of the Consumer
Protection Act’ 2019. Say yes or no, describe your answer in details, if any.
Question
no. 1I This is true that under provocation
you lodge the present consumer complaint against this opposite party. Say yes
or, describe your answer in details, if any.
Question
no. 1J Do you have any objection if any
enquiry in respect of your earlier two consumer cases made on the prayer of
this opposite party? If yes, then why, explain in details, if any.
Question
no. 2 This is true that on being your
own satisfaction, you entered into an agreement for sale dated 03/12/2014, with
this opposite party, in respect of the Flat being “A4” consisting 1 bed room, 1
toilet, 1 kitchen cum dinning, 1 wide verandah, having an area more of less 400
square feet super built area on the 1st floor of the building
premises at 291, Kailash Ghosh Road, Police Station – Haridevpur, Kolkata -
700008, against the consideration money as sum of Rs. 8,50,000/- ( Rupees Eight
Lakhs and Fifty Thousand ) only. Say yes or no, describe your answer in
details, if any.
Question
no. 3 This is true that you prayed
for to execute and register a proper deed of conveyance in favour of the
complainants and delivery of possession of the said subjected flat, in terms of
the said agreement for sale, and in the alternative praying for refund of money
advanced by the complainants, before the Hon’ble Commission. Say yes or no,
describe your answer in details, if any.
Question
no. 4 This is true that you prayed
for the cost of completing the pending construction work not done by the
opposite party. Say yes or no, describe your answer in details, if any.
Question
no. 5 This is true that you prayed
for compensation for mental agony, pain and sufferance, etc., Say yes or no,
describe your answer in details, if any.
Question
no. 6 This is true that in the event
the flat will deliver to you, then in such event the refund of the entire
amount paid by you with interest thereon, cannot be paid. Say yes or no,
describe your answer in details, if any.
Question
no. 7 This is true that in placing
prayer for relief before the Hon’ble Commission, by way of your consumer
complaint, is much vague, and contradictory in nature, therefor no relief can
be granted in favour of you. Say yes or no, describe your answer in details, if
any.
Question
no. 8 This is true that you did not
make payment in terms of the agreement for sale dated 3rd day of
December’ 2014, to this opposite Party. Say yes or no, describe your answer in
details, if any.
Question
no. 9 This is true that you paid the
meager amount against the agreed consideration money in respect of the
subjected flat, in the agreement for sale dated 3rd day of December’
2014. Say yes or no, describe your answer in details, if any.
Question
no. 10 This is true that you have paid
a sum of Rs. 4,70,000/- ( Rupees Four Lacs and Seventy Thousand ) only, out of
the total consideration money being agreed as a sum of Rs. 8,50,000/- ( Rupees Eight
Lakhs and Fifty Thousand) only, to this Opposite party. Say yes or no describe
your answer in details, if any.
Question
no. 11 This is true that you did not
perform in terms of the said agreement for Sale dated 3rd day of
December’ 2014. Say yes or no, describe your answer in details, if any.
Question
no. 12 This is true that you asked for
refund of money from this opposite party in the month of May’ 2020. Say yes or
no, describe your answer in details, if any.
Question
no. 13 This is true that you variably
failed to make payment to this opposite party, as agreed upon, and therefore
this opposite party get the balance consideration money as of Rs. 3,80,000/- (
Rupees Three Lakhs and Eighty Thousand ) only, from you with interest thereon
being 12% interest per annum on such balance money of Rs. 3,80,000/- ( Rupees
Three Lakhs and Eighty Thousand ) only. Say yes or no, describe your answer in
details, if any.
Question
no. 14 This is true that in the said
agreement for sale dated 3rd day of December’ 2014, at page number
10, paragraph number 14, it has been contended as “ the purchaser shall be
liable to make payment the balance consideration amount within stipulated
period as mentioned above, failing which the purchaser will be liable and
responsible to bear the interest ever the due amount 12% per annum for a period
of one month from the date of payment. Say yes or no, describe your answer in
details, if any.
Question
no. 15 This is true that this Opposite
Party ready and willing to give possession of the subjected flat in terms of
the said Agreement for Sale dated 3rd day of December’ 2014, to you,
on receipt of his balance consideration money with 12% interest thereon as
agreed. Say yes or no, describe your answer in details, if any.
Question
no. 16 This is true that the sum of
money being Rs. 3,80,000/- ( Rupees Three Lakhs and Eighty Thousand ) only, is
payable by you to this opposite party. Say yes or no, describe your answer in
details, if any.
Question
no. 17 Are you ready and willing to
make the balance consideration money
being Rs. 3,80,000/- ( Rupees Three lakhs and Eighty Thousand ) only,
with the interest thereon @ 12% to this opposite Party ?
Question
no. 18 This is true that this Opposite
Party ready and willing to give the subjected flat on receipt of the balance
consideration money with interest thereon in terms of the agreement for sale
dated 3rd day of December’ 2014. Say yes or no, describe your answer
in details, if any.
Question
no. 19 This is true that the
Complainants are defaulter in making the payments in terms of the agreement for
sale dated 3rd day of December’ 2014, and therefore at the behest of
the complainants this opposite party suffering a lot for such tenure, till
date. Say yes or no, describe your answer in details, if any.
Question
no. 20 This is true that you denied the
performance of the agreement for sale dated 3rd day of December’
2014, and thereby you did not adhere to make payment of the consideration money
as agreed upon. Say yes or no, describe your answer in details, if any.
Question
no. 21 What are the documents, you relied
on, in establishing your contention and purports of your consumer complaint.
Please produce such documents with a copy to this opposite party.
Question
no. 22 Did you ever communicate
anything to this opposite party by way of any written communication being
letter or email, so far ? if so, produce a copy of such letter or email with a
copy to this opposite party.
Question
no. 23 Do have any document other than
the said agreement for sale dated 3rd day of December’ 2014 ? if so,
please produce the same with a copy to this opposite Party.
Question
no. 24 This is true that earlier you
have instituted two numbers of Consumer Cases against this opposite party in
respect of the said subjected flat in terms of the said agreement for sale
dated 3rd day of December’ 2014, through consumer case no.
CC/140/2020, and CC/219/2020, and those are not attended by you, before the
Hon’ble Commission, thus dismissed for non-prosecution, Say yes or no, describe
your answer in details, if any.
Question
no. 25 This is true that you did not
answer on the facts given in the written version. Say yes or no, describe your
answer in details, if any.
Question
no. 26 This is true that you do not
have any locus standi to lodge this present consumer complaint against this
opposite party. Say yes or no, describe your answer in details, if any.
Question
no. 27 Do you gone through the contents
& purports of the Written Version submitted by this Opposite Party ?
Question
no. 28 This is true that the disputes
referred by you in your petition of consumer complaint is not a Consumer
Disputes as meant for in the Consumer Protection Act’ 2019, Say yes or no
describe your answer in details, if any.
Question
no. 29 This is true that you are not a
Consumer as meant for in the Consumer Protection Act’ 2019, say yes or no
describe your answer in details, if any.
Question
no. 30 This is true that you have
placed the concocted story in your petition of consumer complaint to in-clinch
issues in your favour, Say yes or no, describe your answer, in details if any.
Question
no. 31 This is true that your consumer
complaint has prepared with oblique motive. Say yes or no describe your answer
in details, if any.
Question
no. 32 This is true that this opposite
party have no disputes with the complainant, as complainant alleged in his
concocted consumer complaint. Say yes or no, describe your answers in details,
if any.
Question
no. 33 This is true that there is no
cause of action has ever been accrued to resort in the present consumer
complaint proceeding before the Hon’ble District Commission, Say yes or no
describe your answer in details if any.
Question
no. 34 This is true that this opposite
party did not cause any deficiency in services, as meant for in the Consumer
Protection Act’ 2019. Say yes or no describe your answer in details, if any.
Question
no. 35 This is true that the
Complainant is not Consumer, as meant for in the Consumer Protection Act’ 2019.
Say yes or no describe your answer in details, if any.
Question
no. 36 This is true that you are not
entitled to get any relief as prayed. Say yes or no describe your answer in
details, if any.
___________________________________XXX__________________________
No comments:
Post a Comment