Thursday, March 23, 2023

Questionnaire by the Opposite Party / Questionnaire in Consumer Case / Consumer Case / Consumer

 

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__________________________

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