Questionnaire by the Opposite Party / Consumer Proceeding / Consumer Case / Trial / The Consumer Protection act 2019

 

Before the Hon’ble District Consumer Disputes Redressal Commission Kolkata Unit – III

18, Judges Court Road, Kolkata 700027

 

Complaint Case no. CC/86/2021

                                                          In the matter of :

 

                                                          Sri Jayanta Nath & Anr.,

                                                                             ___________Petitioners

-      Versus –

Sri Soumen Chakraborty, and Others,

                   ___________Opposite Parties,

 

QUESTIONNAIRE BY THE OPPOSITE PARTY NO.1, SRI SOUMEN CHAKRABORTY

 

The followings are the questions raised by the Opposite Party no.1, against the Evidence on Affidavit submitted by the Complainants, herein, in the present Consumer Proceeding;

Questions ;

 

Question no. 1                 What is your Qualification? kindly state.

Question no. 2         Did you ever authorized by the Complainant no. 2, Smt. Sarmistha Nath ?

Question no. 3         Did you ever placed such authorization before the Hon’ble District Commission ?

Question no. 4         Who swear the affidavit in the petition of Complaint ? Did you ever enclose the authorization of the Petitioner no. 2, therein ?

Question no. 5         Who swear the affidavit of your Evidence ? Did you ever enclose the authorization of the Petitioner no. 2, therein ?

Question no. 6         This is true that there is no consent of the petitioner no.2, in instituting this present consumer complaint. Say yes or no, describe your answer, in details, if any.

Question no. 7         This is true that there is no authorization has ever been given by the petitioner no.2, to you in instituting the present consumer complaint, Say yes or no, describe your answer in details, if any.

Question no. 8         Whether the Petition of Consumer Complaint has ever been duly signed by the Petitioner no.2, herein ?

Question no. 9         What is qualification of the Petitioner no.2, herein ?

Question no. 10       Whether the husband and wife can be in ambit of the Doctrine of absolute Privilege ?

Question no. 11       This is true that the Petitioner is an Income Tax Assessee, Say Yes or No, describe your answer in details if any.

Question no. 12       What is quantum of your Salary from School ?

Question no. 13       Did you give any representation to this opposite party prior to 14^th December’ 2020 ?

Question no. 14       This is true that the Pandemic Situation has arises since 15^th day of March’ 2020, and normalized in the year 2021. Say Yes or No, describe your answer in details, if any.

Question no. 15       Did you ever enclose your such communication with the opposite party no.1, herein in your petition of complaint and or in your Evidence on Affidavit ?

Question no. 16       This is true that the Petitioner no.2, herein did not authorized being wife of yours to put your signature on her behalf in the Agreement for Sale dated 23^rd day of March’ 2017, Say yes or no, describe your answer in details, if any.

Question no. 17       This is true that the Letter dated 29/08/2022, has been given by you and the has not been given by the Petitioner no.2, herein. Say yes or no, describe your answer in details, if any.

Question no. 18       This is true that you were not able to make the payments in terms of the Agreement for Sale, Say yes or no describe your answer in details, if any.

Question no. 19       This is true that you are willful defaulter in paying money as not following the payment terms agreed between the parties in terms of the Agreement for Sale, Say yes or no, describe your answer in details, if any.

Question no. 20       This is true that the disputes you referred in your 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. 21       This is true that you are not entitle to get any relief, until the petitioner no.2, seeks to get so far, Say yes or no, describe your answer in details, if any.

Question no. 22       This is true that the Petitioner no.2, being co-applicant or borrower signed the Loan Documents lying with the proforma opposite party, Say yes or no, describe your answer in details, if any.

Question no. 23       This is true that the Petitioner no. 2, signed on the Agreement for Sale and in the Loan documentation but did not sign in the petition of consumer complaint and evidence on affidavit, submitted by you in the present consumer proceeding, Say yes or no, describe your answer in details, if any.

Question no. 24       This is true that in absence of the petitioner no.2, the present consumer proceeding is not maintainable and liable for rejection at once. Say yes or no, describe your answer in details, if any.

Question no. 25       Have you gone through the contents of the Written Versions submitted by this opposite party ?

Question no. 26       Have you gone through the contents of the agreement for sale dated 23^rd day of March’ 2017 ?

Question no. 27       This is true that you breached the said Agreement for Sale dated 23^rd day of March’ 2017, Say yes or no, describe your answer in details, if any.

Question no. 28       This is true that you were not interested to take the said subjected residential flat, say yes or no describe your answer in details, if any.

Question no. 29       This is true that you concocted the story in placing the present consumer complaint, Say Yes or No, describe your answer in details, if any.

Question no. 30       This is true that you denied the performance in terms of the Agreement for Sale dated 23^rd day of March’ 2017, Say yes or no, describe your answer in details, if any.

Question no. 31       This is true that you resort by way of the present consumer proceeding to take benefit of your own wrong, which is contrary to the Law in the prescribed provisions of the Consumer Protection Act’ 2019, Say Yes or No, describe your answer in details, if any.

Question no. 32       This is true that the said Agreement for Sale dated 23^rd day of March’ 2017, is become infructuous due to non-performance of the complainants, Say yes or no describe your answer in details, if any.

Question no. 33       This is true that there is no cause has ever been described which may raise any allegation of deficiency in services on this opposite party, say yes or no describe your answer in details, if any.

Question no. 34       This is true that there is no cause of action has ever been accrued to place the present consumer complaint, Say yes or no, describe your answer in details, if any.

Question no. 35       This is true that this opposite party intended to refund your money, say yes or no describe your answer in details, if any.

Question no. 36       This is true that this opposite party entitle to deduct a sum of Rs. 1 Lakh while refunding your money due to your breach of agreement and institution of the present consumer proceeding against this opposite party, Say yes or no, describe your answer in details, if any.

Question no. 37       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. 38      This is true that you cannot ask for any relief, in absence of the Petitioner no. 2, herein. Say yes or no, describe your answer in details, if any.

Question no. 39       This is true that the present consumer proceeding is liable to be dismissed, say yes or no describe your answers, in details, if any.

 

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