Questionnaire by the Opposite Party in Consumer Case

 

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA UNIT-III

Tramline Building ( 1^st Floor )

18, Judges Court Road, Alipore, Kolkata - 700027

 

 

 

Consumer Case no. CC/196/2020

 

 

In the matter of:

Smt. Lakhi Shaw, Wife of Ganesh Shaw, residing at premises no. 9/B, Chetla Road, Police Station – Chetla, Kolkata - 700027.

....Complainant

 

      -versus-

 

1.   M/s. AG Construction, a proprietorship firm having its office at 90, Santosh Roy Road, Police Station – Haridevpur, Kolkata – 700008, represented by its Proprietor  Sri Soumen Chakraborty, Son of Ashoke Chakraborty residing at 4/4B, Motilal Gupta Road, Post Office – Barisha, Police Station – Haridevpur, Kolkata – 700008.

 

2.   Smt. Rekha Nariwal, daughter of Ramprasad Nariwal, residing at premises being no. 27E/12, Babu Ram Ghosh Road, Police Station – Regent Park, Kolkata - 700040.

 

           ... Opposite Parties

 

Questionnaire on behalf of the Opposite Party no. 1, M/s. AG Construction, represented by its Proprietor Sri Soumen Chakraborty;

 

Questions

 

Question no. 1                : What is your Educational Qualification ?

 

Question no. 2                : What is your Business ?

 

Question no. 3               : This is true that Smt. Rekha Nariwal, daughter of Ramprasad Nariwal, is a Land Owner in respect of Land measuring 4 (Four) Cottaha lying and situated in R.S. Dag no. 913/1213, R.S. Khatian Number 1585, Mouza – Purba Barisha, J.L. Number 23, KMC Premises number 124/2, Kailash Ghosh Road, P.S. Haridevpur, Kolkata – 70008, Say yes or no, describe your answer in details, if any.

 

Question no. 4               : This is true that this Opposite Party attached with the Opposite Party number, 2,  Smt. Rekha Nariwal, daughter of Ramprasad Nariwal, by way of entering into a Development Agreement dated 22-06-2016, Say yes or no, dedscribe your answer in details, if any.

 

Question no. 5               : This is true that the said Development Agreement dated 22-06-2016, has been registered in Book No. I, Volume No. 1607-2016, Pages from 172029 to 172073, Being Number 160705294 for the year 2016, registered in the Office of A.D.S.R. Behala, South 24 Parganas, Say yes or no describe your answer in details, if any.

 

Question no. 6               : This is true that you were interested for a flat measuring 500 sq. ft. and therefore you approached this opposite party, say yes or no, describe your answer in details, if any.

 

Question no. 7               : This is true that you agreed with this Opposite Party to purchase a flat measuring about 500 sq. ft. on a consideration of Rs. 10,50,000/- ( Rupees Ten Lakhs and Fifty Thousand ) only, Say yes or no, describe your answer in details, if any.

 

Question no. 8               : This is true that you entered into an agreement for sale dated 20-07-2016, with this opposite party, Say yes or no, describe your answer in details, if any.

 

Question no. 9               : This is true that the said Agreement for sale dated 20-07-2016, has never been get registered by you, Say yes or no, describe your answer in details, if any.

 

Question no. 10             : This is true that the contents and purports of the said agreement dated 20-07-2016, are binding on both the parties, Say yes or, describe your answer in details, if any.

 

Question no. 11             : Did you ever go through the contents and purports of the paragraph number 3 at page number 7 of the said Agreement for Sale dated 20-07-2016 ?

 

Question no. 12             : Did you ever made the payment in terms of the said Agreement for Sale dated 20-07-2016 ?

 

Question no. 13             : How much amount you had paid to this opposite party towards the consideration value of the flat in terms of the said Agreement for Sale dated 20-07-2016 ?

 

Question no. 14             : What are the dates and the amounts you ever paid to this Opposite Party ?

 

Question no. 15             : This is true that still this Opposite Party should get his balance payment being sum of Rs. 7,00,000/- ( Rupees Seven Lakh ) only, with appropriate rate of interest as stated and agreed upon in paragraph number 13, at page number 10, of the said Agreement for Sale dated 20-07-2016, Say yes or no, describe your answer in details, if any.

 

Question no. 16             : This is true that you are a defaulter in making the payment of the consideration value of the flat in terms of the said agreement for sale dated 20-07-2016, Say yes or no, describe your answer in details, if any.

 

Question no. 17             : Did you ever made the total payment of the consideration value of the flat in terms of the said agreement for sale dated 20-07-2016 ?

 

Question no. 18             : Did you ever made the total payment of the consideration value of the flat in terms of the said agreement for sale dated 20-07-2016, within the period of Eighteen months from the date of execution of the said agreement for sale dated 20-07-2016, to this opposite party ?

 

Question no. 19             : Did you not breach the Contract made between the parties in terms of the agreement for sale dated 20-07-2016 ?

 

Question no. 20             : This is true that you are not a Consumer as meant for the Consumer Protection Act, 2019, Say yes or no, describe your answer in details, if any.

 

Question no. 21             : This is true that the said Agreement for Sale dated 20-07-2016, has been elapsed, long ago, and the same does not have any force to comply by either of the parties, Say yes or no describe your answer in details, if any.

 

Question no. 22             : This is true that you did not give any document with your Evidence on Affidavit, Say yes or no, describe your answer in details, if any.

 

Question no. 23             : Did you give any letter to this opposite party ?

 

Question no. 24             : Did you ever communicate anything to this opposite party, if so, give the proof thereof.

 

Question no. 25             : Did you ever pray in your evidence on affidavit to exhibit any document in the present consumer proceeding on your behalf ?

 

Question no. 26             : This is true that your consumer complaint is not in form of the provisions laid down under Section 35 of the Consumer Protection Act, 2019, Say yes or no, describe your answer in details, if any.

 

Question no. 27             : This is true that the contents and purports of the petition of consumer complaint lodged by you and the evidence on affidavit submitted by you are placing indifferent statements of the facts and the situations described therein, more particularly about the payment made by you to this opposite party, say yes or no, describe your answer in details, if any.

 

Question no. 28             : What is your prayer ?

 

Question no. 29             : This is true that you have given an illusionary calculation and wrong claim as stated by you in the paragraph number 11 of your consumer complaint, say yes or no, describe your answer in details, if any.

 

Question no. 30             : Who verified the petition of Consumer Complaint ?

 

Question no. 31             : This is true that the Complainant did not verify the petition of Consumer Complaint, Say yes or no, describe your answer in details, if any.

 

Question no. 32             : This is true that the Consumer Complaint is not admissible in terms of the provisions of the Consumer Protection Act, 2019, Say yes or no, describe your answer in details, if any.

 

Question no. 33             : This is true that you are not entitled to get any relief, in terms of the Provisions of the Consumer Protection Act, 2019, Say yes or no, describe your answer in details, if any.

 

Question no. 34             : This is true that you had breached the contents and purports of the agreement for sale dated 20-07-2016, say yes or no, describe your answer in details, if any.

 

Question no. 35             : This is true that there is no unfair trade of practise has ever been described on this opposite party, say yes or no, describe your answer in details, if any.

 

Question no. 36             : This is true that there is no deficiency in service has ever been described on this opposite party, say yes or no, describe your answer in details, if any.

 

Question no. 37             : This is true that there is no cause of action has ever been arose to place this present consumer complaint against this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 38             : This is true that you lodged this present consumer complaint against this opposite party for acquiring wrongful gain and others. Say yes or no, describe your answer in details, if any.

 

Question no. 39             : This is true that your evidence on affidavit is not in the prescribed form, and thus the same is not acceptable. Say yes or no, describe your answer in details, if any.

 

Question no. 40             : This is true that your consumer complaint is barred by the estoppel, waiver, and limitation, and thus the same is not acceptable, either in the facts, or in the law. Say yes or no, describe your answer in details, if any.

 

Question no. 41             : This is true that you did not state the true affairs and facts, in lodging the present consumer complaint against this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 42             : This is true that you did state the facts and affairs in your purported present consumer complaint against this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 43             : This is true that you lodged the present consumer complaint under provocation of someone and not your own whims. Say yes or no, describe your answer in details, if any.

 

Question no. 44             : 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. 45             : 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. 46             : Do you gone through the contents & purports of the Written Version submitted by this Opposite Party ?

 

Question no. 47             : 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. 48             : 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. 49             : 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. 50             : This is true that this opposite party have no disputes with the complainant, as complainant alleged in his concocted consumer complaint. Say yes or no, describe your answers in details, if any.

 

Question no. 51             : 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.

 

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