Before the Hon’ble District
Consumer Disputes Redressal Commission Kolkata Unit – III, Alipore, Kolkata –
700 027, West Bengal.
CC / 474 / 2019
In
the matter of :
Shri Tapas Kumar Biswas, and another,
__________Complainants
- Versus
–
A.G. Construction and another.
_______Opposite
parties.
Reply on Affidavit by the
Opposite Party No. 1, & 2, M/s. A.G. Construction and Shri Soumen
Chakraborty.
A
F F I D A V I T
I Shri Soumen
Chakraborty, Son of Sri Ashok Chakraborty, aged about 45 years, by faith Hindu,
by Occupation Business, being the Proprietor of M/s. A. G. Construction, having
it’s office premises at 2James Long Sarani, Police Station – Thakurpukur,
Kolkata - 700008, do hereby solemnly affirm and declare as follows :
1.
That I being the Opposite Party no. 1
& 2, in the instant case being filed by the Complainant and I am well
conversant with the facts and circumstances of the said consumer case. This is true to
my knowledge.
2.
That I beg to says that I am replying
on the questions put forward by the complainant on submissions of my evidence
on affidavit, in the followings;
Answer of Question no. 1 Answer has already embodied in my written version as well as
engraved in the purported said agreement. M/s. A.G. Construction is a
Proprietorship Firm, and the said firm is represented by me being the
proprietor.
Answer of Question no. 2 the Complainants entered into an Agreement for Sale dated
27-11-2016, with this Opposite Parties, in respect of a flat no. 2B, on the
Second Floor, measuring about 400 Sq. ft. more or less at premises being no.
68, Talpukur Road, Police Station – Thakurpukur, Kolkata – 700061.
Answer of Question no. 3 the Complainant paid a sum of Rs. 1,25,000/- ( Rupees One Lakh
and Twenty Five Thousand ) only, on 27-11-2016, being at the time of execution
and signing of the Agreement for Sale. The Consideration Value of the said
subjected flat was agreed at Rs. 8,00,000/- ( Rupees Eight Lakhs ) only.
Answer of Question no. 4 the consideration Value of
the said subjected flat was agreed at Rs. 8,00,000/- ( Rupees Eight Lakhs )
only. The same would be payable by the complainant in terms of the said
agreement for Sale dated 27-11-2016. The terms of the payments has been
enumerated and given at page no. 8, in paragraph number 3, therein to perform
by the complainant.
Answer of Question no. 5 such conditions laid in the said agreement for sale dated
27-11-2016, at page no. 11, paragraph no. 13 – In the event of any default on
the part of the owner / developer, if the said new Building and the said Flat /
Unit / Apartment are not completed within the stipulated period, the Purchaser
shall be entitled to and are hereby authorized to claim interest at the rate of
12% per annum on the amount paid to the Vendor.
Answer of Question no. 6 such conditions laid in the said agreement for sale dated
27-11-2016, at page no. 11, paragraph number 16 – That the transaction of sale
and purchase in between the parties hereto relating to the said property will
be completed within 15 months from the date of this agreement subject to making
payment of balance consideration amount and also delivery of possession as
aforesaid.
Answer of Question no. 7 Construction gradually developed and completed within time frame
as enshrined in the agreement for sale dated 27-11-2016.
Answer of Question no. 8 the Complainant did not make any further payment and thus failed
to adhered the payment condition agreed between the parties, in terms of the
said agreement for sale dated 27-11-2016. Delivery of possession and
registration was purely the subject on and after completion of payment of the
total consideration money of the said subjected flat, strictly in adherence to
the specified terms of the payments in the said agreement for sale dated
27-11-2016.
Answer of Question no. 9 Series of Email Communication placed by the Complainant with his
petition of Consumer Complaint, shows that the complainant asked for
Cancellation of the said Agreement for Sale dated 27-11-2016, as he could not
able to make the balance payment of the consideration value of the said
subjected flat in the terms of the said Agreement for Sale dated 27-11-2016,
and consequently upon such cancellation of the said subjected flat and the
agreement thereby, the complainant asked for refund of money. Therefore at the
first threshold on being consideration of inability to make any further payment
towards the consideration value in terms of the said Agreement for Sale dated
27-11-2022, this opposite party was asked by the complainant to canceled the
said agreement for sale dated 27-11-2016, and consequently at the second
threshold, the complainant asked his money back being refund from this opposite
party. Thus on the day, while the complainant preferred this consumer
application before the Hon’ble Commission, on such day there is not contract or
agreement has ever been by and between the parties surfaced.
Answer of Question no. 10 Series of Email Communication placed by the Complainant with his
petition of Consumer Complaint, shows that the complainant asked for
Cancellation of the said Agreement for Sale dated 27-11-2016, as he could not
able to make the balance payment of the consideration value of the said
subjected flat in the terms of the said Agreement for Sale dated 27-11-2016,
and consequently upon such cancellation of the said subjected flat and the
agreement thereby, the complainant asked for refund of money. Therefore at the
first threshold on being consideration of inability to make any further payment
towards the consideration value in terms of the said Agreement for Sale dated
27-11-2022, this opposite party was asked by the complainant to canceled the
said agreement for sale dated 27-11-2016, and consequently at the second
threshold, the complainant asked his money back being refund from this opposite
party. Thus on the day, while the complainant preferred this consumer
application before the Hon’ble Commission, on such day there is not contract or
agreement has ever been by and between the parties surfaced.
Answer of Question no. 11 The Complainant expressed his inability in making the balance
payment of the consideration value of the said subjected flat in terms of the
said agreement for sale date 27-11-2022, on several occasion, and asked to
cancelled the said agreement for sale.
Answer of Question no. 12 After cancellation of the said agreement for sale dated 27-11-2016,
at the behest of the complainant. The complainant asked for refund of money.
Answer of Question no. 13 money was arranged to refunded through cheque to the complainant
but due to compelling circumstances, the said cheque has dishonored on
presentation.
Answer of Question no. 14 money was arranged to refunded through cheque to the complainant
but due to compelling circumstances, the said cheque has dishonored on
presentation.
Answer of Question no. 15 Series of Email Communication placed by the Complainant with his
petition of Consumer Complaint, shows that the complainant asked for
Cancellation of the said Agreement for Sale dated 27-11-2016, as he could not
able to make the balance payment of the consideration value of the said
subjected flat in the terms of the said Agreement for Sale dated 27-11-2016,
and consequently upon such cancellation of the said subjected flat and the
agreement thereby, the complainant asked for refund of money. Therefore at the
first threshold on being consideration of inability to make any further payment
towards the consideration value in terms of the said Agreement for Sale dated
27-11-2016, this opposite party was asked by the complainant to canceled the
said agreement for sale dated 27-11-2016, and consequently at the second
threshold, the complainant asked his money back being refund from this opposite
party. Thus on the day, while the complainant preferred this consumer
application before the Hon’ble Commission, on such day there is not contract or
agreement has ever been by and between the parties surfaced.
Answer of Question no. 16 I say that on and after 26-09-2018, there is no agreement for sale
in between the parties, no privity between the complainants and the opposite
party and thus there is no privity of contrqact between the parties.
Answer of Question no. 17 I say that on and after 26-09-2018, there is no agreement
for sale in between the parties, no privity between the complainants and the
opposite party and thus there is no privity of contrqact between the parties.
Answer of Question no. 18 I say that on and after 26-09-2018, there is no agreement
for sale in between the parties, no privity between the complainants and the
opposite party and thus there is no privity of contrqact between the parties.
Answer of Question no. 19 I say that on and after 26-09-2018, there is no agreement
for sale in between the parties, no privity between the complainants and the
opposite party and thus there is no privity of contrqact between the parties.
Answer of Question no. 20 I say that on and after 26-09-2018, there is no agreement
for sale in between the parties, no privity between the complainants and the
opposite party and thus there is no privity of contrqact between the parties.
Answer of Question no. 21 I say that on and after 26-09-2018, there is no agreement
for sale in between the parties, no privity between the complainants and the
opposite party and thus there is no privity of contrqact between the parties.
Answer of Question no. 22 The Complainant have failed to discharge his obligation under the
Agreement for Sale dated 27th day of November’ 2016, and
subsequently asked to cancelled the said agreement for sale, due to his
inability in making payment in terms of the payments of the said agreement for
sale. The said agreement for sale cancelled at the behest of the complainant.
Answer of Question no. 23 I say that on and after 26-09-2018, there is no agreement for sale
in between the parties, no privity between the complainants and the opposite
party and thus there is no privity of contrqact between the parties.
Answer of Question no. 24 I say that on and after 26-09-2018, there is no agreement for sale
in between the parties, no privity between the complainants and the opposite
party and thus there is no privity of contrqact between the parties.
Answer of Question no. 25 I say that on and after 26-09-2018, there is no agreement for sale
in between the parties, no privity between the complainants and the opposite
party and thus there is no privity of contrqact between the parties.
Answer of Question no. 26 I say that on and after 26-09-2018, there is no agreement for sale
in between the parties, no privity between the complainants and the opposite
party and thus there is no privity of contrqact between the parties.
Answer of Question no. 27 the Complainant failed to adhered the terms of the Agreement for
Sale dated 27th day of November’ 2016, and consequently insisting
upon the cancellation of the said agreement for sale. On and after 26-09-2018,
there is no agreement for sale in between the parties, no privity between the
complainants and the opposite party and thus there is no privity of contrqact
between the parties.
Answer of Question no. 28 the Opposite Party has suffered huge financial losses for non -performance
of contract by the complainant.
Answer of Question no. 29 the Complainants who cause the non-performance of the agreement for
sale dated 27th day of November’ 2016, and consequently cancellation
of the said agreement for sale dated 27-11-2016, has been occurred at their
behest and therefore in such a given factual circumstances this opposite party
has not even been into any cause deficiency in services and unfair trade
practices, as meant for in the Consumer Protection Act’ 2019.
Answer of Question no. 30 The entire facts and circumstances, as surfaced into the present
consumer proceeding is not even a Consumer Disputes as meant for in the
Consumer Protection Act’ 2019. The facts given and put forward by the
complainants are the cause of refund of money only, which does not even come
into ambit of the Consumer Protection Act’ 2019, specifically when the said
agreement for sale has been cancelled between the parties much prior to the
placing this application by the complainants before the Hon’ble Commission.
Answer of Question no. 31 The Opposite Party is a victim of the purported alleged allegations
and wrongful demand of the complainants. Thus the opposite party seeking
compensation for such harassment, mental anxiety, and loss of business, etc. from the
complainants, which has been assessed ass of Rs. 1,00,000/- ( Rupees One Lakh )
only.
Answer of Question no. 32 The Complainants are even not entitle get any relief as prayed for
in their petition of consumer complaint. The Complainant is vague and frivolous
one.
Answer of Question no. 33 the Opposite Party has suffered huge financial losses for non
-performance of contract by the complainant.
Answer of Question no. 34 the Complainants who cause the non-performance of the agreement for
sale dated 27th day of November’ 2016, and consequently cancellation
of the said agreement for sale dated 27-11-2016, has been occurred at their
behest and therefore in such a given factual circumstances this opposite party
has not even been into any cause deficiency in services and unfair trade practices,
as meant for in the Consumer Protection Act’ 2019.
Answer of Question no. 35 The Complainants are not entitle get any relief as prayed for in
their petition of consumer complaint. The Complainant is vague and frivolous
one.
3.
That I beg to says that in the aforesaid
circumstances, the Opposite Party is seeking the dismissal of the Complaint
filed by the Petitioner, with exemplary cost.
4.
That I beg to says that the present
complaint should be dismissed at once in terms of the provisions of the
Consumer Protection Act’ 2019, as the same is found frivolous and vexatious
one, against this opposite party.
5.
That the statements made in my Written
Version are true to the best of my knowledge and belief and the same has not
been repeated herein for the sake of brevity.
6.
That the above statements are true to
the best of my knowledge and belief.
D E P O N E N T
Identified by me
Advocate.
Prepared in my
Chamber,
Advocate.
Date_____________2022.
Place :
Alipore, Kolkata.
N O T A R Y
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