Monday, April 3, 2023

Reply on Affidavit in Consumer Case by the Consumer Complainant

 

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

KOLKATA UNIT-III (South), West Bengal

18, Judges Court Road, Kolkata 700027

 

Consumer Complaint no. 336 of 2022

 

                                                          In the matter of :

                                                          Smt. Sabita Singh

                                                                             ________Petitioner

-      Versus –

M/s. Dhani Loans and Services Limited & Others

                   _________Respondents

 

REPLY ON AFFIDAVIT

BY THE PETITIONER

SABITA SINGH

 

AFFIDAVIT

 

Affidavit of Smt. Sabita Singh, Wife of Sri Lallan Singh, aged about 42 years, by faith Hindu, by Occupation Business, residing at premises being no. 232, Dhalipara, Purba Putiary, Near Panchanan Play Ground, Police Station – Regent Park, Kolkata – 700093, District – South 24 Parganas, West Bengal.

 

I, the above deponents do hereby solemnly affirm and declare as under :

 

 

1.     I am the Petitioner and thoroughly conversant with the facts and circumstances of the present consumer proceeding and are competent to swear this affidavit.

 

2.     I am replying the questionnaire put forward by the respondents/ Opposite Parties, in the followings;

 

(a)        Answer of Question no. 1      -        Yes, I have supported documents in that regard. I am enclosing herewith a copy of Enlistment, for references.

(b)        Answer of Question no. 2      -        I am running the business to earn for my livelihood.

(c)        Answer of Question no. 3      -        Irrelevant question, therefore no comments.

(d)        Answer of the Question no. 4          -        Yes, I have described in details in my petition of consumer complaint as well as in my Evidence on Affidavit.

(e)        Answer of Question no. 5      -        Bank, Financial Institution, and NBFC, etc. so far my knowledge is concerned.

(f)         Answer of Question no. 6      -        I do not have any knowledge so far.

(g)        Answer of Question no. 7      -        I do not have any knowledge so far though as acquired NBFCs can issue credit cards, but these can only be co-branded credit cards with banks. Under the new system, the NBFCs will be allowed to originate the credit cards and also directly tie up with Visa or MasterCard or RuPay for processing and transaction back office for these credit cards. This will ensure that the customer ownership stays with the NBFCs and they don’t need to share it with banks.

(h)       Answer of Question no. 8      -         The facts related to your query has already been answered in my petition of consumer complaint.

(i)         Answer of Question no. 9       -       I did not receive any welcome kit as marked as Annexure A of the written version of the O.P. your given annexure –A, is a manufactured document, since I did not apply in the month of October, and did not have such card in the month of October’ 2021.

(j)         Answer of Question no. 10     -       Its’ does not arise as the same has never been received by me.

(k)        Answer of Question no. 11     -       Its’ does not arise as the same has never been received by me.

3.     Answer of Question no. 12    -       I beg to says that in the month of January’ 2022, the respondents herein send a Credit Card namely “Dhani One Freedom Card” having number as 5085070203322359, which valid from 06/21 until end of 06/26, having Credit limit up-to Rs. 50,000/- ( Rupees Fifty Thousand ) only, to the Petitioner. Your petitioner started using the said credit card on the following dates and credits;

 

a)    18-01-2022 – card used for Rs. 4,500/-

b)   23-01-2022 – card used for Rs. 501/-

c)    23-01-2022 – card used for Rs. 1,035/-

d)   24-01-2022 – card used for Rs. 5,000/-

e)    25-01-2022 – card used for Rs. 5,000/-

f)     27-01-2022 – card used for Rs. 5,000/-

Total            - card used for 21,036/- ( Rupees Twenty One Thousand and Thirty Six ) only.

 

4.     Answer of Question no. 13   -        I beg to says that using the said Credit Card and accordingly paying to the respondents, continuously since 5th day of 2022, up-till 28th day of March’ 2022. Your petitioner paid a total sum of money as Rs. 23,582/- ( Rupees Twenty Three Thousand and Five Hundred Eighty Two ) only, to the Respondents.

 

5.     Answer of Question no. 14   -        I have paid extra money as of Rs. 2,452/- to the respondents, as the same has been asked for in different heads, etc., whereas the monthly subscription has been wrongly charged as of Rs. 825/- ( Rupees Eight Hundred and Twenty Five) only, and other similar amounts as appeared in the statements of the respondents.

 

6.     Answer of Question no. 15   - I am not agree with your Suggestion. The Card is a Credit Card associated with Rupay.

 

7.     Answer of Question no. 16   -        I do not understand your query. However my answer being “NOT A FACT”.

 

8.     Answer of Question no. 17   -        I have cleared my dues prior to the institution of the present consumer proceeding, you were charged much more money than the dues to the card.

 

9.     Answer of Question no. 18   -         My claim is much justified in pursuing the documents and facts on record, given by me before the Hon’ble District Consumer Commission.

 

10.  Answer of Question no. 19   -         After clearing my all dues to the said Card, as the said card was blocked earlier, prior to clearance of all dues on the said card, without any information to me. Therefore in such compelling situation, wherein I was not able to use the said card thus I initiate cancellation process of the said card only on 28th day of March’ 2022.

 

11.  Answer of Question no. 20   -        your suggestion is not acceptable, as there is sufficient cause of action and accrual of such cause of action to lodge the present consumer complaint.

 

12.  Answer of Question no. 21   -        No, it’s not true, I lodge Complaint to get justice.

 

13.  Answer of Question no. 22    -       No, it’s not true, I depose truly on fact and available situations at your behest.

 

14.  That I beg to says that the facts contained in my consumer complaint or application, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge, and belief.

 

 

DEPONENT

 

 

Verification

 

 

I, the above named deponents do hereby solemnly verify that the contents of my above affidavit are true and correct to my best of knowledge and belief and no part of it is false and nothing material facts has been concealed therein. Verified this ____________the day of _____________2023, at Kolkata, West Bengal

 

 

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

 

Advocate

 

Date : _________________2023.

Place : Kolkata, West Bengal.

 

NOTARY

 

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