Friday, March 24, 2023

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

 

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/76/2022

 

 

In the matter of:

Purnajyoti Roy & another,

....Complainant

 

      -versus-

 

M/s. Skylark Construction & Others,

           ... Opposite Parties

 

 

QUESTIONNAIRE OF THE OPPOSITE PARTY NO. 5, SMT. MINA BASU, TO THE COMPLAINANT NO. 2, PRIYANKA ROY.

 

The followings are the questions by the Opposite Party No. Smt. Mina Basu, to the Consumer Complainant no. 1, Priyanka Roy;

 

Questions ;

 

Question no. 1      What is your educational qualification and  occupation ? do you able to read, and right English ?

 

Question no. 2      This is true that you did not enter into any agreement either with this opposite party or with any other opposite parties of the present consumer proceeding. Say yes or no, describe your answer in details, if any.

 

Question no. 3      This is true that you and the other complainant did never enter into any contract with this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 4      Did your predecessor Sunita Roy had entered into any agreement with this opposite Party ? if so, place such document with a copy to this opposite party.

 

Question no. 5      Do your ever able to show that the signature of this opposite party appeared on any document or paper placed by you in the present consumer proceeding ?

 

Question no. 6      Do you ever able to show that this opposite party had ever received any money from your predecessor Sunita Roy or from you on any occasion ? if so, place such document with a copy to this opposite party.

 

Question no. 7      Did you ever communicate anything by way of written communication through letter to this opposite party, on any occasion, prior to institution of the present consumer proceeding? if so, provide such communication, with a copy to this opposite party.

 

Question no. 8      This is true that the content & purports of the petition of consumer complaint and your Evidence on affidavit are not the same. Say yes or no, describe your answer in details, if any.

 

Question no. 9      This is true that you do not have any other document than the documents attached either with your petition of consumer complaint or evidence on affidavit. Say yes or no, describe your answer in details, if any.

 

Question no. 10    This is true that you are not able to produce any other document than the document you have already produced in the present consumer proceeding. Say yes or no, describe your answer in details, if any.

 

Question no. 11    This is true that while, your predecessor Sunita Roy, entered into an agreement with the other opposite parties, did not enquire anything, therefore no such document in the nature of report by any Govt. Department or anybody is with you. Say yes or no, describe your answer in details, if any.

 

Question no. 12    What prompted either you or your predecessor Sunita Roy not to contact or communicate anything with this opposite party, since your predecessor involvement with the other opposite parties ?

 

Question no. 13    Why did not you communicate anything to this opposite party?

 

Question no. 14    This is true that your predecessor Sunita Roy, and you, in connivance with the other opposite parties tried to acquire and occupy illegally the property of this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 15    This is true that the Other opposite parties and your predecessor Sunita Roy and you, do not have any right, title, and interest in the property of this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 16    This is true that you cannot claim the property of this opposite party by way of giving any money to the other opposite parties, by means of any fraudulent and manufactured agreement between your predecessor Sunita Roy and the other opposite parties. Say yes or no, describe your answer in details, if any.

 

Question no. 17    This is true that That one Title Suit has been instituted by Sri Utpal Roy, Son of Late Ramesh Chandra Roy, Sri Tapan Nag, Son of Late Ramani Kanta Nag, and Smt. Sutapa Roy, Wife of Utpal Roy, being Partners of M/s. Skylark Construction, having its office at premises no. 28A, Raja S.C. Mullick Road, Police Station – Jadavpur, Kolkata – 700 032, against Smt. Mina Basu, widow of Late Amiya Kumar Basu, residing at premises no. 6, Shiba Temple Lane, Police Station – Kasba, Kolkata – 700 078, viz. Title Suit no. 14 of 2008. The case of the plaintiffs in a nutshell is that the defendant is the owner of the suit property. Plaintiff with an intention to develop the said suit premises by way of construction of multi storied building consisting of several flats, car parking space etc. Entered into an agreement on 17-08-2001, with M/s. Skylark Construction a partnership firm represented by it’s partners. The Plaintiff decided to take the project for construction of partly G + 3 and partly three storied building on the suit plot in accordance with the sanction plan of K.M.C. It was settled between the parties that one flat on first floor front side south west and another one on the second floor front side south west and one car parking space of the proposed building will be given to the owners. Also Rs. 3,75,000/- will be given in addition. Plaintiff already paid Rs. 2,00,000/- to the defendant by way of cheque dated 17-08-2001, drawn on Bank of Baroda, Moore Avenue Branch. It was settled that balance amount will be payable at the time of delivery of possession of flats. It was further agreed that the defendant will execute a general power of attorney in favour of the plaintiff in order to facilitate the construction work. In terms of the agreement dated 17-08-2001, plaintiff submitted draft plan of proposed building before K.M.C. There was a clause in that agreement that the proposed construction of the building shall be completed within 24 months but if there is any delay due to non compliance of the terms of agreement by defendant the construction period shall be extended. Defendant delivered all relevant title deeds save and except mutation certificate from B.L. & L.R.O. defendant assured that she will deliver the mutation certificate from B.L. & L.R.O. but did not do the same for which there was delay in getting sanction from K.M.C. However the plaintiff started construction and completed sixty per cent of the work. Defendant also did not execute any Power of Attorney, as agreed upon. Thereafter on 05-01-2008, defendant issued a notice through her advocate Sri Malay Sengupta on the plaintiff stating that the agreement dated 17-08-2001, stand cancelled. In that letter defendant also demanded to take back the original documents. According to the plaintiff defendant has got no right to cancel the agreement unilaterally without any reason. Due to such acts of defendants, plaintiff suffered enormous loss, therefore the suit being Title Suit no. 14 of 2008, has been filed by the plaintiff against the defendant before the Learned 5th Court of Civil Judge ( Senior Division ) at Alipoire, South 24 Parganas. Say yes or no, describe your answer in details, if any.

 

Question no. 18    This is true that in the said Title Suit no. 14 of 2008, before the Learned 5th Court of Civil Judge ( Senior Division ) at Alipoire, South 24 Parganas, Smt. Mina Basu, widow of Late Amiya Kumar Basu, residing at premises no. 6, Shiba Temple Lane, Police Station – Kasba, Kolkata – 700 078, being the defendant therein in the said Suit before the Learned Court, contested the said Suit by filling her written statement. Defendant stated that the suit is not maintainable. Defendant denied all the allegation made against her by the plaintiff. The defendant case is that it was agreed between the parties that the construction will be completed within a period of 24 months after getting the sanction plan but plaintiff neglected to complete the same. Defendant denied that due to non supply of mutation certificate plaintiff failed to obtain sanction plan from K.M.C. The plan was sanctioned on 24-03-2004, and it was valid upto 23-03-2007. But even after lapses of 24 months plaintiff failed to complete construction and even they did not handover the owner’s allocation to the defendant. Due to non performance of plaintiff the agreement dated 17-08-2001, already stood cancelled, and thereafter defendant gave a letter to plaintiff asking them to return the original documents, but till date the plaintiff did not do so. It is also stated that the plaintiff did not insist defendant to execute any general power of attorney, on all these grounds defendant prays for dismissal of the suit. Say yes or no, describe your answer in details, if any.

 

Question no. 19    This is true that to prove said Suit, before the Learned Court, the Plaintiff no. 1, Shri Utpal Roy, deposed as P.W. 1, the documents filed by the plaintiff are marked as Exbt. 1, Agreement for development dated 17-08-2001, marked as Exbt. 2, Sanctioned plan no. 797/03, marked as Exbt. 3. Letter dated 18-02-2008, addressed to the plaintiffs firm along with envelop, marked as Exbt. 4. (Series ) copy of letter dated 28-02-2008, along with postal receipt and A.D. card marked as Exbt. 5. Letter addressed to Utpal Roy, marked as Exbt. 6, A/D card marked as Exbt. 7, Letter dated 12-06-2009. Say yes or no, describe your answer in details, if any.

 

Question no. 20    This is true that in the said Suit, before the Learned Court, it is admitted by both the parties that defendant who is the owqner of the suit premises entered into an agreement with the plaintiff, which is a partnership firm for development of the suit property by raising multistoried building. It was also agreed that the construction will be completed within 24 months after receiving the sanctioned plan from K.M.C. The plaintiff alleged that though defendant handed over the title deed but did not handover the mutation certificate from B.L. & L.R.O. for which obtaining sanctioned plan from K.M.C. got delayed. It is further alleged that even defendant did not execute any power of attorney in favour of the plaintiff for undertaking the construction work. However, the plaintiff constructed sixty percent of the proposed building, and thereafter requested defendant again to execute the power of attorney. But without doing so defendant by a letter dated 05-01-2008, cancelled the agreement. On the other hand, defendant denied all such allegations and stated that though the plaintiff obtained sanctioned plan on 24-03-2004, but failed to raise construction within the stipulated period. Say yes or no, describe your answer in details, if any.

 

Question no. 21    This is true that PW 1, in his affidavit in chief corroborated his plaint case. In cross examination he admitted that though exbt.1, is dated 17-08-2001, but on the notorised page the date of execution is mentioned as 28-08-2001. He stated that he does not have any documents to show that they have sent the draft copy of power of attorney to the defendant. He also stated that it is not mentioned in exbt. 1, that without any mutation certificate they will not be able to obtain any sanction plan. From his evidence it also appears that he has got no documents to show that he is authorized by other partners to depose in the case nor his partnership business / partnership firm is registered under societies act. Say yes or no, describe your answer in details, if any.

 

Question no. 22    This is true that PW 1, also stated that he did not assign any reason to defendant specifying any reason for delay in completion of the said project. He also did not give any letter to the defendant asking her to execute any power of attorney in his favour. Corporation did not give him any letter informing him that without mutation of B.L. & L.R.O. no plan could be sanctioned. He did not file any report of chartered engineer and it is his own assumption that he has completed ninety five percent of the construction work. He admitted that exbt. 1, does not bear signature of owner. He also admitted that the defendant did not take any consideration money. He also admitted that there is no initial of defendant in page – 2 of exbt 1, where there is a handwritten portion. Though his learned lawyer Sri Prasanta Mukherjee drafted the agreement but nowhere it has been written that he drafted the same. He also admitted that sanction plan was valid upto 23-03-2009, and he did not get any completion certificate from K.M.C. upto 23-03-2009. He also admitted that stipulated time expired long ago. He also stated that though her original documents of defendant are lying with him but he will not return those documents. Say yes or no, describe your answer in details, if any.

 

Question no. 23    This is true that thereafter the said Title Suit no. 14 of 2008, { Sri Utpal Roy and Others – Versus – Smt. Mina Basu } has get it finality in terms of the Judgment delivered on Friday the 20th day of August’ 2010, by the Learned 5th Court of Civil Judge ( Senior Division ), at Alipore, South 24 Parganas, which ordered as “that the Suit be and the same is dismissed on contest but without cost”. Say yes or no, describe your answer in details, if any.

 

Question no. 24    This is true that thereafter on defeating the said Suit, the plaintiff preferred an appeal from the Original Decree being the Judgment delivered on Friday the 20th day of August’ 2010, by the Learned 5th Court of Civil Judge ( Senior Division ), at Alipore, South 24 Parganas, which ordered as “that the Suit be and the same is dismissed on contest but without cost”, before the Hon’ble High Court at Calcutta, viz. FA / 46 / 2011, which consequentially dismissed by the Order dated February’ 14, 2011. Say yes or no, describe your answer in details, if any.

 

Question no. 25    This is true that in view of the facts of the Judgment delivered on Friday the 20th day of August’ 2010, by the Learned 5th Court of Civil Judge ( Senior Division ), at Alipore, South 24 Parganas, which ordered as “that the Suit be and the same is dismissed on contest but without cost”, there is no agreement and or contract between Smt. Mina Basu, and M/s. Skylark Construction, Sri Utpal Roy, Sri Tapan Nag, and Smt. Sutapa Roy, in any manner, whatsoever. Say yes or, describe your answer in details, if any.

 

Question no. 26    This is true that there is no privity of contract between the parties. Say yes or no, describe your answer in details, if any.

 

Question no. 27    Do you have any priviti of contract with this opposite party ? if so how & when, describe your answer in details, with copy of appropriate document in such regard, if any.

 

Question no. 28    Are you a Consumer as per provision of Section 2 (7) of the Consumer Protection Act’ 2019, in the given facts by you to this opposite party ? Describe your answer.

 

Question no. 29    This is true that the Other Opposite Parties being the Opposite Party no. 1, 2, 3, & 4, had have no contract with this opposite party to perform or to be perform. Say yes or no, describe your answer in details, if any.

 

Question no. 30    Do you able to produce any document to show that this opposite party has ever authorized or asked to entered into any nature of agreement or contract with you or your predecessor ? if so, place such document, with a copy to this opposite party.

 

Question no. 31    This is true that this opposite party have no relation with the opposite party no. 1, 2, 3, and 4. Say yes or no, describe your answer in details, if any.

 

Question no. 32    This is true that you are not entitled to acquire any property of this opposite party. Say yes or no describe your answer in details, if any.

 

 

Question no. 33    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. 34    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. 35    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. 36    Do you gone through the contents & purports of the Written Version submitted by this Opposite Party ?

 

Question no. 37    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. 38    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. 39    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. 40    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. 41    This is true that this opposite party have no disputes with the complainant, as complainant alleged in his/her concocted consumer complaint. Say yes or no, describe your answers in details, if any.

 

Question no. 42    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. 43    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. 44    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. 45    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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