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. 106 of 2013.

 

                                                In the matter of :

 

                                                Gopal Chandra Choudhury,

                                                                        ___Complainant.

 

-          Versus –

 

Sri Soumen Chakraborty,

                        ___Opposite Party.

 

 

Evidence on Affidavit by the Opposite Party / Respondent Shri Soumen Chakraborty.

 

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 the Complainant has cancelled the Agreement for Sale dated 18^th 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 18^th day of January’ 2012, and asked for return of money, paid by him under the said Agreement for Sale dated 18^th day of January’ 2012.

 

2.   That the said Agreement for Sale dated 18^th day of January’ 2012, has been cancelled between the parties, and for such reasons alone there is no agreement between the parties, in force, whatsoever.

 

3.   That the allegations leveled against me are frivolous, as such the complainant failed to produce any single piece of paper before the Hon’ble Forum.

 

4.   That the complainant states false and vexious story in his petition of complaint as  to inclinch issues in his favour.

 

5.   That the complainant fail to establish his story, as stated by him, before the Hon’ble Forum.

 

6.   That the complainant fail to show that there is any communication and or there is any refusal and neglect on my part, whatsoever.

 

7.   That the Complainant willfully, deliberately, and motivated way and or manner refused and denied to answer the queries raised in questionnaires, in a specified manner, as he apprehend about the disclosure  of the true story of the complainant.

 

8.   That the Complainant did not place any documents and or papers in his evidence on affidavit before the Hon’ble Forum.

 

9.   That I have paid Rs. 2,50,000/- ( Rupees Two Lakhs and Fifty Thousand ) only, till date and as agreed orally between us the rest of Rs. 1,50,000/- should be paid within a period of one year.

 

10.                That the interest amount as claimed by the complainant does not arise, as such the agreement for sale was cancelled by him only, and thus the said agreement for sale dated 18^th day of February’ 2012, is not in force, in any manner, whatsoever, and the cancellation of such agreement is not failure on my part, rather the wish and will of the complainant alone.

 

11.                That the present petition of Complaint as placed by the Complainant does not come under the preview of the Consumer Protection Act’ 1986, and rules made there under.

 

12.                That the Complainant is not a Consumer as defined under the Consumer Protection Act’ 1986, and rules made there under.

 

13.                 That the disputes as shown by the Complainant is not a disputes of consumer, rather the disputes if any, is a disputes of return of money, which can not be tried before the Hon’ble Consumer Forum, in accordance with the Consumer Protection Act’ 1986, and rules made there under.

 

14.                That due to such frivolous and vexious proceedings raised by the Complainant, I suffered with due humiliation and sufferance with irreparable loss and injury, and thus seeks for compensations, as I incurred in day to day proceedings for my Learned Advocate, drafting, attending, conveyance expenses, consultancy, and mental agony and others, as amounting to Rs. 2,00,000/- ( Rupees Two Lakhs ) only, from the Complainant, and the cost of the proceedings, as the Hon’ble Forum, may ascertain, in the interest of administration of justice, and dismissal of the present proceedings inlimni.

 

15.                 That the facts contained in my written version, 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.

 

 

 

                                                                        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 …………….2012, at the Alipore, Kolkata.

 

 

 

 

                                                        DEPONENT

                                                        Identified by me,

 

                                                        Advocate.

Prepared in my Chamber,

 

Advocate.

Dated :…………..……2013.

Place : Alipore, Kolkata.

 

N O T A R Y