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/402/2021
In the matter of:
1. Sri Tapas Haldar, Son of Late Kalipada Haldar,
residing at premises being no. 45/A, Roy Bahadur Road, Police Station – Behala,
Kolkata – 700034, District South 24 Parganas.
2. Smt. Jayasree Haldar, Wife of Sri Tapas Haldar,
residing at premises being no. 45/A, Roy Bahadur Road, Police Station – Behala,
Kolkata – 700034, District South 24 Parganas..
....Complainants
-versus-
1. A.G. Construction, a proprietorship firm represented
by its Proprietor Sri Soumen Chakraborty, Son of Sri Ashok Chakraborty, having
residence and office at premises being no. 4/4B, Motilal Gupta Road, Police
Station – Thakurpukur, Kolkata – 700008, District – South 24 Parganas.
2. Sri Ashim Kumar Mondal, Son of Late Bhadra Chandra
Mondal, of Village – Beldanga, P.O. & P.S. – Chanditala, Pin – 712702,
District – Hooghly.
3. Sri Avijit Mondal, of Village – Chabbispur, Post
Office – Dharshimul, Police Station – Khanakul, Pin – 712416, District -
Hooghly.
... Opposite Parties
QUESTIONNAIRE OF THE OPPOSITE PARTY SOUMEN CHAKRABORTY.
The
followings are the questions by the Opposite Party Soumen Chakraborty, to the
Consumer Complainants;
Questions
;
Question
no. 1 What is your educational
qualification and occupation ?
Question
no. 2 Did you ever place any
authorization of the petitioner no. 2, Smt. Jayasree Haldar ?
Question no. 3 What is qualification of the Petitioner
no.2, herein ?
Question
no. 4 Whether the husband and wife
can be in ambit of the Doctrine of absolute Privilege ?
Question
no. 5 This is true that the
Petitioner is an Income Tax Assessee, Say Yes or No, describe your answer in
details if any.
Question
no. 6 Do you gone through the
contents & purports of the Agreement for Sale dated 23rd day of
March’ 2017?
Question
no. 7 Do you gone through the
contents & purports of the Written Version submitted by this Opposite Party
?
Question
no. 8 Did you ever give any letter to
this opposite party prior to December’ 2019 ?
Question
no. 9 This is true that the Pandemic
situation has arisen since the 15th day of March’ 2020, say Yes or
no, describe your answer in details, if any.
Question
no. 10 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. 11 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. 12 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. 13 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. 14 This is true that you did not
pay the total consideration value of the said residential flat as agreed in the
said agreement for sale. Say yes or no, describe your answer in details, if
any.
Question
no. 15 This is true that you and the
petitioner no. 2, are the willful defaulter in paying money as agreed upon in
the said agreement for sale. Say yes or describe your answer in details, if
any.
Question
no. 16 This is true that you and the petitioner no.
2, never pay in the terms of the payment as agreed in the said agreement for
sale to this opposite party. Say yes or no describe your answer in details, if
any.
Question
no. 17 This is true that you did not
complete the total payment of the consideration money for the said subjected
residential flat. Say yes or no, describe your answer in details, if any.
Question
no. 18 This is true that the contents
are same in your petition of consumer complaint and in your evidence on
affidavit. Say yes or no describe your answer in details, if any.
Question
no. 19 Did you ever wrote any letter to
this opposite party, in the year 2018, 2019 ?
Question
no. 20 This is true that you conveyed
your inability in paying the rest of money to this opposite party, Say yes or
no, describe your answer in details, if any.
Question
no. 21 This is true that this Opposite
Party ready and willing to give possession of the said subjected residential
flat in terms of the said agreement for sale dated 23rd day of
March’ 2017, to the Complainants on receipt of the balance consideration money
with 12% interest thereon as agreed in the said agreement for sale dated 23rd
day of March’ 2017. Say yes or no describe your answer in details, if any.
Question
no. 22 This is true that this opposite
party have no disputes with the complainants, as complainants alleged in their concocted consumer complaint.
Say yes or no, describe your answers in details, if any.
Question
no. 23 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. 24 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. 25 This is true that the
Complainants are not Consumer as meant for in the Consumer Protection Act’
2019. Say yes or no describe your answer in details, if any.
Question
no. 26 This is true that you are not
entitle to get any relief as prayed. Say yes or no describe your answer in
details, if any.
___________________________________XXX__________________________
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