Brief Notes of Argument on behalf of the Opposite Party in Consumer Case

 

District : Howrah.

 

Before the Hon’ble District Consumer Disputes Redressal Forum, 20, Round Tank Lane, Howrah – 1.

 

                                                          C.C. no. 30 of 2014.

 

                                                                        In the matter of :

 

                                                                        Sadhan Naskar.

                                                                                                _________Complainant.

-          Versus –

 

RMP Infotec Private Limited, and others.

                        _________Opposite Parties.

 

Brief notes of Argument,

on behalf of the Opposite Party no.2,

M/s. RMP Infotec Private Limited.

 

Brief Case of the Complainants :

 

That one Samir Mondal, is an agent of RMP Infotec Pvt. Limited. And the complainant purchased energy saver, nano card ( pain relief ), and one pant piece from said samir mondal after payment of Rs. 6,990/- on 12-05-2011, but after purchasing the same the above noted items are not working properly. The complainant requested him to exchange the same or refund the amount, but he did not do so.

 

 

Brief Facts :

 

a)    That the notices of the instant case matter has been caused on the address of the opposite party no.2, at Chennai, and whereas on receipt of the same the Chennai Office sent the said copy of the notices at Branch Offices at Calcutta, as to appear before the Hon’ble Forum and to answer the said Notices, in the form of the instant Written Version.

 

b)    It is to state that the addresses of the opposite party no.2, is not under the territorial jurisdiction of the Hon’ble Forum, at Howrah, in any manner, whatsoever.

 

c)    That the Opposite Party no.1, is not an agent of the Opposite Party no.2, herein, in any manner, whatsoever.

 

d)    Thus the Opposite Party no.2, is not liable for an act or omission of the Opposite Party no.1, whatsoever.

 

e)    That the Complainant did not communicate any such facts, if any, to the Opposite Party no.2, herein, on any occasions, whatsoever.

 

f)     That the Complainant’s facts and circumstances, as stated by himself in his affidavit of complaint are not related to the opposite party no.2, herein, in any manner, whatsoever.

 

g)    That the proof of services or of goods has never been disclosed and or described by the complainant, in his affidavit of complaint, against the opposite party no.2, herein.

 

h)    That the Opposite Party no.2, have no relation and or transaction with the complainant herein, in any manner, whatsoever.

 

i)     That the Complainant is a member and agent of the opposite party no.2, and the transaction if any, between the parties are transactions related to the principal and agent and cannot be described as Consumer.

 

j)     That the Complainant did not lodge any complaint and or raise any disputes related to his such present allegations, on any occasions, whatsoever.

 

k)    That the Complainant did not place any piece of paper to show that he lodge his complaint and or alleged disputes if any with the Opposite Party no.2, herein.

 

l)     That the Complainant did not place any piece of paper to show that the Opposite Party no.2, herein did not redress his disputes and or complaint.

 

m)  That the Complainant did not place any piece of paper to show that the Opposite Party no.2, herein refused and neglect to redress his disputes and or complaint, if any.

 

n)    That the present complaint of the complainant is barred by limitation and not in accordance with the provisions of Section 24A of the Consumer Protection Act’ 1986.

 

o)    That the Complainant did not describe any cause of action against the Opposite Party no.2, herein.

 

p)    That the Complainant is not a Consumer as enshrined under the provisions of the Consumer Protection Act’ 1986.

 

q)    That the Complainant is not entitle to get any relief from the opposite party no.2, herein, in accordance with the Consumer Protection Act’ 1986.

 

r)     That the complaint of the complainant is a frivolous, vexious, and thus liable to be dismiss at once with exemplary costs.

 

 

 

Facts during proceedings before the Hon’ble Forum :

 

That the Complainant did not file his Evidence on Affidavit before the Learned Forum, and the Opposite Party no.2, made his appearance before the Learned Forum, and File his Written Version.

 

The Learned Forum therefore fixed up the date for BNA and Argument of the case matter.

 

 

 

Submission before the Hon’ble Forum :

 

 

That as it appears from the contents of the Complaint, the story is related to the act and or omission of the Opposite Party no.1, and the Opposite Party no.1, is not an agent of the opposite party no.2, as alleged by the Complainant and whereas about his allegation he did not place any documents and or papers as to show that the opposite party no.1, is an agent of the opposite party no.2, and he also failed to produce any communication with the opposite party no.2, about his alleged allegation in his complaint.

 

 

Thus in view of such facts, it is prayed before the Learned Forum to dismiss and or reject such a vexious complaint of the complainant.

 

 

 

 

Through_________________

 

 

 

 

Advocate for the Opposite Party no.2.

Dated : 5^th day of August’ 2014.

Place : Howrah.