Evidence on Affidavit in Consumer Case

 

 

 

District : South 24-Parganas.

 

Before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore Judges Court, Alipore, South 24 – Parganas.

 

                                                          C.C. no. 69 of 2012.

 

                                                Sri Himadri Sekhar Das Roy, and others.

                                                                             _________Complainant.

-          Versus –

 

Golam Zahid and others.

          _________Opposite Party.

 

Evidence on Affidavit by MUZAFAR JAMAL, Son of Late Sk. Noor, of 5, Marquis Lane, Kolkata – 700 016, Police Station – Taltala.

 

AFFIDAVIT

 

Affidavit of Muzafar Jamal, Son of Late Sk. Noor, aged about 38 years, by faith Muslim, by Occupation Business, residing at premises being no. 5, Marquis Lane, Kolkata – 700 016, Police Station – Taltala.

 

 

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

 

 

1.   That I am friend and well wisher of the Opposite Party Golam Zahid, Son of Late Golam Rahaman, Prop. Of M/s. Star Construction, of 66 / 1B, Bright street, Police Station – Karaya, Kolkata – 700 019, Post Office – Ballygunge, Police Station – Karaya.

 

2.   That on 3^rd day of August’ 2007, while a subsequent Agreement between the Land Owners and the Opposite Party Golam Zahid, was made, I was present there, and whereas the land Owners put their signature in my presence and also Golam Zahid being the Developer of the property, put his signature, in my presence, and thereafter I put my signature as a one of the witness to that agreement between the parties.

 

3.   That I am well aware about the purport and content of the said Agreement dated 3^rd day of August’ 2007.

 

4.   That an agreement between the parties has been caused on 3^rd day of August’ 2007, whereas it has been clearly stated that Sri Himadri Sekhar Das Roy got his absolute possession in the schedule as stated in the previous agreement dated 23^rd day of February’ 2003, and Rs. 1,07, 500/- should be paid to Mrs. Gargi Mitra on the day of Registration of another flats, which are constructed over the Schedule property of the Land Owners. The Opposite Party herein also handed over the key of the Ground Floor Flat to Sri Bhaskar Das Roy, on the date of execution of such agreement on the 3^rd day of August’ 2007, and the said Sri Bhaskar Das Roy, expressed his intention that he will cause necessary arrangement for registration of the other flats in favour of the intending purchaser and Smt. Gargi Mitra also consented to that.

 

5.   That the Agreement cum declaration dated 3^rd day of August’ 2007, made between 1) Sri Bhaskar Das Roy, and 2) Smt. Gargi Mitra, and  M / s. Star Construction, represented by Gola Zahid, whereas it has been specifically stated and admitted that Sri Himadri Sekhar Das Roy, got his absolute possession in that schedule allotted Flat at Top Floor as per the previous Agreement dated 23^rd day of February’ 2003,  and   Rs. 1,07, 500/- should be paid to Mrs. Gargi Mitra on the day of Registration of another flats, which are constructed over the Schedule property of the Land Owners. The Opposite Party herein also handed over the key of the Ground Floor Flat to Sri Bhaskar Das Roy, on the date of execution of such agreement on the 3^rd day of August’ 2007, and the said Sri Bhaskar Das Roy, expressed his intention that he will cause necessary arrangement for registration of the other flats in favour of the intending purchaser and Smt. Gargi Mitra also consented to that.

 

6.   That Sri Bhaskar Das Roy, after having the key of the Ground Floor Flat, causing illegal acts and deeds to change the nature and character of the flat at Ground Floor, without the permission of the Kolkata Municipal Corporation, and whereas he converted the said Flat into the Shop Rooms of two or three numbers, and thus the developer became unable to cause any work thereto.

 

7.   That the Xerox of the Agreement – cum – declaration in between Land Owners & developers, dated 3^rd day of August’ 2007, is enclosing therewith and marked as Annexure – “A”.

 

8.   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 …………….2013, at the Alipore, Kolkata.

 

 

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

 

                                                                   Advocate.

Prepared in my Chamber,

 

 

Advocate.

Dated : __________________April’ 2013.

Place : Alipore Judges Court, Kolkata.