Before the Hon’ble State
Consumer Disputes Redressal Commission, West Bengal, at Premises being no. 11
A, Mirza Ghalib Street,
Kolkata-700087.
Memo of Appeal no.
______________of 2014.
In the
matter of :-
Appeal under
Section 15 of the Consumer Protection Act’ 1986, for Conodonation of delay in
filing the above appeal;
Conodonation of delay Petition
A N D
In the matter of :-
Sri Soumen
Chakraborty, Son of Shri Ashok Chakraborty, of AG Construction, 4/4B, Motilal
Gupta Road, Beside Steelways Shib Kali Mandir, Kolkata – 700 008, Police
Station - Haridevpur, District – South 24 Parganas.
________Appellant / Opposite
Party / Respondent.
-
Versus –
Sri Gopal Chandra
Choudhury, Son of Late Bhupendra Ch. Choudhury, of 145/14, Kalipada Mukherjee
Road, SBI Colony, Barisha, Kolkata – 700 008, District – South 24 Parganas.
________Respondents
/ Complainant / Petitioner.
To,
The Hon’ble President and his
companion Members of the State Commission.
The condonation of delay in filling of
Appeal of the appellants above named most respectfully Sheweth as under :
1.
That an appeal under Section 15 of the
Consumer Protection Act’ 1986, against the order being dated 19-12-2013, passed
by the Learned District Consumer Disputes Redressal Forum at Alipore, District
– South 24-Parganas, in Case number C.C. no. 106 of 2013, filed before the
Hon’ble Commission.
2.
That the Appellant appeared and
contested the Consumer Case filed by the Respondent / Petitioner Shri Gopal Chandra
Choudhury, under Section 12 of the Consumer Protection Act’ 1986.
3.
That
the Appellant placed his Evidence on Affidavit and answered the questions
raised by the Respondent / petitioner, but the respondent did not submit his
evidence on affidavit and more particularly did not answer the questions raised
by the appellant.
4.
That
the appellant states that the Respondent / Complainant has cancelled the
Agreement for Sale dated 18th day of January’ 2012, at his own sweet
will, as he did not want to take subjected flat of the said agreement for sale
dated 18th day of January’ 2012, and asked for return of money, paid
by him under the said Agreement for Sale dated 18th day of January’
2012.
5.
That
the appellant states that the said Agreement for Sale dated 18th day
of January’ 2012, has been cancelled between the parties, and for such reason
alone there is no agreement between the parties, in force, whatsoever.
6.
That
the appellant states that the allegation leveled against him, are frivolous, as
such the respondent / complainant failed to produce any single piece of paper,
as to substantiate his such allegation against the appellant / opposite party,
before the Hon’ble Forum.
7.
That
the appellant states that the Respondent / Complainant case is of return of
money and not the case of deficiency in services, in any manner, whatsoever.
8.
That
the appellant states that there is no privy of contract between the parties,
whatsoever, as in the facts the Agreement has been cancelled between the
parties.
9.
That
the appellant states that the appellant made payment of money taken by him
under such alleged agreement to the Respondent / Complainant. But due to some
unavoidable circumstances some cheques has been got dishonoured and for such
reasons alone the Respondent / Complainant preferred an application under
Section 12 of the Consumer Protection Act’ 1986, praying therein for the bank
charges and others.
10.
That
the appellant states that the appellant established his evidence on affidavit,
before the Hon’ble Forum, by unchallenged testimony, as no questions has ever
been put forward by the Complainant as Cross Examination to the appellant /
opposite party.
11.
That
the appellant states that the Complainant failed to establish his Evidence on
affidavit, as he did not submit his any reply to the questions given as set
forth as cross examination by the appellant / opposite party, and thus the
evidence of the complainant has failed to prove his pleading squarely.
12.
That
the appellant states that apart Complainant has failed to show about any
refusal and neglect of the appellant / Opposite party in any manner, more
particularly he failed to place any single document and or paper of
communication to or by the appellant / opposite party.
13.
That
the appellant states that there is no cause of action for the proceedings,
before the Hon’ble Forum.
14.
That the appellant states and submits
that the Order dated 19th day of December’ 2013, passed by the
Learned Forum, in C.C. no. 106 of 2013, suffered with gross errors and highly
prejudice.
15.
That the Appellant states and submits
that as per provisions of Section 15 of the Consumer Protection Act’ 1986, the
appeal should be filed within a period of thirty days from the date of order
under challenge, and thus in view of such legal proposition as the order was
passed by the Learned Lower Forum on 19th day of December’ 2013, the
thirty days came on 19th day of January’ 2014.
16.
That the Appellant states and submits
that as the Appellant was suffering from different physical conditions and was
admitted in hospital for operations, he could not contact with his Learned
Advocate for the filling of the appeal under Section 15 of the Consumer
Protection Act’ 1986, for several days as of prolonged period.
17.
That the Appellant states and submits
that the appellant while in condition to contact his Learned advocate, he
contacted and handed over the documents and papers for drafting of the appeal
on and thereby
causes delay of days in
filling of the present appeal before the Hon’ble Commission.
18.
That the Appellant states and submits
that reasons as stated for delay in filling appeal are beyond the control and
not willful, in any manner whatsoever.
19.
That the Appellant states and submits
that days delay has been occurred in filing of his
present appeal before the Hon’ble Commission.
20.
That the Appellant states and submits
that such a days delay was occurred not due to any latches
and or intention and or motivation of any manner, rather such delay occurred
only due to suffering from illness and under compelling circumstances, beyond
his control.
21.
That the appellant states and submits
that the appellant seeks condonation of days delay in filling the present appeal, and
placing his unconditional apology before the Hon’ble Commission for such acts
and omission.
22.
That the appellant states and submits
that unless the Hon’ble Commission, condone such days delay in
filling the present appeal, the appellant prevent to get substantial justice
and equality before the Law as enumerated under Article 14 of the Constitution
of India, and will be highly prejudice and suffer with irreparable loss and
injury.
23.
That balance of convenience is wholly
in favour of order being made as prayed for hereinabove.
24.
That a copy of the impugned order
dated 19th day of December’ 2013, is annexed herewith this petition,
marked as Annexure – “A”.
25.
That copies of Doctor’s prescription
and discharge certificates of Hospital, and others are enclosing herewith this
petition, marked as Annexure – “B”.
26.
That this application of
condonation of delay in filling of appeal / application / petition, is made
bona-fide and for the interest of administration of justice.
Under the
circumstances, the Petitioner, of this instant application / petition, prays
before your Honours, would be graciously pleased to condone the delay of days, caused in preferring the above appeal,
and / or to pass such other necessary order or orders as your Honours may deem
fit and proper for the end of justice.
And for this act of kindness,
your Petitioner, as in duty bound shall ever pray.
Before the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, at Premises being no. 11 A, Mirza
Ghalib Street,
Kolkata-700087.
Memo
of Appeal no. _______of 2014.
In
the matter of :
Sri Soumen Chakraborty,
_________Appellant / Opposite Party.
-
Versus –
Sri Gopal Chandra
Choudhury.
_______
Respondent / Complainant.
AFFIDAVIT
Affidavit of Shri Soumen
Chakraborty, Son of Shri Ashok Chakraborty, aged about _______years, by faith
Hindu, by Occupation Business, working for gain at M/s. A.G.Construction,
having it’s office at premises being no. 4/4B, Motilal Gupta Road, beside
Steelways Shib Kali Mandir, Kolkata – 700 008, Police Station – Haridevpur,
District – South 24 Parganas.
I, the above deponent do hereby
solemnly affirm and declare as under :
1. That I am the Appellant /
Complainant Petitioner in the above appeal case, thoroughly conversant with the
facts and circumstances of the present case and am competent to swear this affidavit.
2. That the facts contained in my memo of appeal,
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.
3. That the above statements of my
declarations are true to my knowledge and belief.
DEPONENT
Verification
I, the above named deponent do
hereby solemnly verify that the contents of my above affidavit are true and
correct to my knowledge, and no part of it is false and nothing material has
been concealed therein.
Verified this ………….the day of
…………….2014, at the Alipore, Kolkata.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : __________________ 2014.
Place : Alipore Judges Court,
Kolkata.
N O T A R Y
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