Brief Notes of Argument by the Respondent 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

 

 

CC/361/2021

In the matter of :

Sri GourMitra, Son of Late SitalPrassadMitra, residing at premises being no. 104A, Peary Mohan Roy Road, Post Office Alipore, Police Station – Chetla, Kolkata – 700027.                             ______Petitioner

-      Versus –

-       

Sri Ashok Kumar Gupta, Son of Late Girija Prasad Gupta, residing at premises being no. 15, Mullick Para Lane, Post Office Bangur, Police Station DumDum, Kolkata – 700055.

                             ____Respondent

 

Brief Notes of Argument

On behalf of

The Respondent;

Argument;

 

Admittedly, the Complainant invested his money by way of Agreement for Sale dated 6^th day of November’ 2020, which is symbolic in nature as a Security documents of his investment. Consequently, the complainant tried to establish a Consumer disputes, well before the given date in the said agreement for sale. Thus the Complainant is not entitled to get any relief at First Investor is not a Consumer; and Secondly the consumer application is premature;

 

SurendraKapur – versus – M/s. Puja Construction Limited and 3 Others; in Consumer Case No. 307 of 2013; Decided on 03/11/2022; by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi;

 

 

LIST OF DATES

 

Sl. No.	Date	Particulars’
01	06/11/2020	Agreement for Sale / Payment of Rs. 10,00,000/-
02	08/12/2020	Payment of Rs. 5,00,000/-
03	06/02/2021	Payment of Rs. 5,00,000/-
04	28/07/2021	Email by the Complainant
04	02/08/2021	Email to the Complainant “as advised by you I have sold your Ground Floor Flat at 65/2, JainuddinMistry Lane, Kolkata – 700027. The intending purchaser will make the payment by second week of August, 2021, after which I will return the advance amount that you have paid me at the time of booking the Flat. I hope to pay you by 25th August, 2021”
05	05/08/2021	Email by the Complainant
06	06/05/2022	Agreement for Sale Valid till date
07	18/08/2021	The Present Consumer case was filled

 

Fact;

a)    That the Agreement for Sale dated 6^th of November 2020, has been entered between the parties being an indenture of Security of investment made by the Petitioner to the Respondent, herein. The money being sum of Rs. 20,00,000/- ( Rupees Twenty Lakhs ) only, has been paid on different dates by the petitioner to the respondent herein and thereby entitle to get such money with appropriate banking rate of interest thereon. Thus the said Agreement for Sale dated 6^th day of November’ 2020, is a symbolic one as a Security documents of investment made by the petitioner herein.

 

b)   That the investment of the Petitioner and return thereof with appropriate banking rate of interest thereon is a commercial activities between the parties herein and the same has lost the jurisdiction of the Hon’ble Consumer Disputes Redressal Commission.

 

c)    That in the event, considering the said Agreement for Sale dated 6^th day of November’ 2020, it is pertinently states that the petitioner failed to comply with the payment schedule or the manner of payment in the given time frame in the said agreement for sale.

 

d)   That the petitioner placed his financial difficulties to pay any further to the respondent herein and approached the respondent as to sale out the subjected flat to other intending purchaser and refund his money on such sale.

 

e)    That in pursuance of asking of the petitioner, respondent proceeded and sold out the subject flat of the said Agreement for Sale dated 6^th day of November’ 2020, to other intending purchaser, and arranged himself to pay back money of the petitioner with appropriate banking rate of interest but this is the petitioner who in greed to get more money presumably changed his color and with such motivation initiated the present consumer proceeding against the respondent.

 

f)     That the given disputes of the petitioner in his petition of consumer complaint are not a consumer disputes as meant for the Consumer Protection Act 2019.

 

g)    That the Respondent is all along ready and willing to refund the money paid by the petitioner with appropriate banking rate of interest.

 

h)   That the said Agreement for Sale dated 6^th day of November’ 2020, clearly contended that the respondent has agreed to hand over the proposed flat to the purchaser within 18 months from the date of the agreement, subject to the petitioner complying to the terms of payment mentioned in schedule – E and standard force majure conditions, therefore the eighteen months come on 6^th day of April’ 2022, thus the present consumer proceeding is premature one initiated by the petitioner.

 

CONCLUSION;

 

The Complainant is not entitled to get any relief in terms of his prayer;

 

 

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