Questionnaire in consumer case / the consumer protection act

 

Before the Hon’ble District Consumer Disputes Redressal Commission

South 24 Parganas

Baruipur, Kolkata - 700 144.

 

                                Consumer Complaint no. 178 of 2022

 

                                                         

In the matter of :

 

Sri Dipankar Mondal & Others.

                                                                             ________Complainants

-      Versus –

Matri Construction (Developer & Contractor) & Others

                   _________Respondents

 

 

QUESTIONNAIRE

ON BEHALF

OF RESPONDENT NO. 2

Sri Aloke Kanti Majumder

 

Question no. 1      - This is true that the Complainants are not in any blood relation to each other, say yes or no, describe your answer in details, if any.

 

Question no. 2      - This is true that the subjected flat at premises has not been purchased on a Single date by the Complainants, Say yes or no describe your answer in details, if any.

 

Question no. 3      - This is true that the nature and character including the measurement of the flats are different which purchased by the Complainants, Say yes or no describe your answer in details, if any.

 

Question no. 4      - How many flats and what are the date on which the Complainants purchased the flats ?

 

Question no. 5      - Did you ever take leave to proceed with your present consumer complaint before the Hon’ble District Commission ?

 

Question no. 6      - Who lodge the present Consume Case ?

 

Question no. 7      - Did you ever described about any cause of action in your petition of consumer complaint ?

 

Question no. 8      - Did you ever averred in any paragraph of your petition of consumer complaint about the common interest ?

 

Question no. 9      - Did you obtain the permission to place such consumer complaint jointly, in terms of Section 35© of the Consumer Protection Act, 2019 ?

 

Question no. 10    - This is true that you did not have any cause of action to place the present consumer complaint, say yes or no describe your answer in details, if any.

 

Question no. 11    -This is true that your story in the petition of consumer complaint does not constitute the Consumer Disputes as meant for the Consumer Protection Act, 2019, say yes or no describe your answer in details, if any.

 

Question no. 12    - This is true that the present Consumer Complaint is false, vague and frivolous, say yes or no describe your answer in details, if any.

 

Question no. 13    - This is true that the Complainants are in possession since the day of delivery of possession to them, and they enjoying their possession peacefully, with electricity and other amenities as so far available at the premises, Say yes or no, describe your answer in details, if any.

 

Question no. 14    - This is true that the Complainants has obtained the Electricity connection separately in their name, and thus they are enjoying the electricity by paying their consumption charges to the WBSEDCL, say yes or no describe your answer in details, if any.

 

Question no. 15    -This is true that all Original papers with a sum of money being Rs. 27,000/- (Rupees Twenty Seven Thousand) only, has been given by this Opposite Party for necessary look forward and process, thereof including pursuance of the Completion Certificate with the concerned Municipality, in the year 2012. Say yes or no describe your answer in details, if any.

 

Question no. 16    - This is true that the application for Completion Certificate of the said building premises has duly been submitted in the year 2012, vide Sl. No. 995/CCB/28/32, Say yes or no describe your answer in details, if any.

 

Question no. 17    -This is true that the concerned Municipality did not communicate anything on the said application for Completion Certificate, Say yes or no describe your answer in details, if any.

 

Question no. 18    -This is true that in terms of Section 212 of the West Bengal Municipal Act 1993, Completion Certificate is deemed to be given in respect of the said premises. Say yes or no described your answer in details if any.

 

Question no. 19    -This is true that after elapse of a substantial period more than 10 years, it is well presumed that the Completion Certificate has been deemed to be given, Say yes or no described your answer in details, if any.

 

Question no. 20    -This is true that the complainants are will in their possession of their subjected flat at the premises enjoying their respective right, title, and interest, thereof. Say yes or no described your answer in details, if any.

 

Question no. 21    -This is true that the disputes referred by the Complainants is not a Consumer Disputes as meant for the Consumer Protection Act, 2019, Say yes or no, describe your answer in details, if any.

 

Question no. 22    - This is true that the Complainants 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. 23    - This is true that this Opposite Party is not a Service Provider, after discharging his all duty, as meant for in the Consumer Protection Act, 2019, Say yes or no, describe your answer in details, if any.

 

Question no. 24    -This is true that the Complainants are not entitled to get any relief in terms of their prayer, Say yes or no, describe your answer in details, if any.

 

Question no. 25    - This is true that the Complainants did not disclose the entire facts therefore they suppressed the material facts in lodging their present consumer complaint. Say yes or no describe your answer in details, if any.

 

Question no. 26    -This is true that the Complainants do not have any piece of paper to show that they have ever made any communication to this opposite party prior to the year 2022, Say yes or no describe your answer in details if any.

 

Question no. 27    -This is true that the Complainants lodged the present Consumer Complaint with their Oblique Motive. Say yes or no, describe your answer in details, if any.

 

Question no. 28    - This is true that elapse of decade in preferring the present consumer complaint is barred by Limitation under the Consumer Protection Act, 2019, Say yes or no, describe your answer in details, if any.

 

Question no. 29    -This is true that you did not place your Evidence on Affidavit. Say yes or no describe your answer in details, if any.

 

Question no. 30    - This is true that you did not put any comments on the contents of the written version submitted by this Opposite Party, Say yes or no, describe your Answer in details, if any.

 

Question no. 31    -This is true that you did not put any comments on the annexure/ papers with the written version submitted by this Opposite Party, Say yes or no describe your answer in details, if any.

 

Question no. 32    - This is true that you accepted the statements made by this opposite party. Say yes or no describe your answer in details, if any.