Petition on the maintainability Ground 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.

 

Petition on the maintainability Ground

 

The humble petition of the above named Opposite Party Golam Zahid, most respectfully;

 

Sheweth as under :

 

1.   That the Complaint is not maintainable in its present form.

 

2.   That the Petition is speculative, harassing, motivated and barred by the Principles of Law and hence it is liable to be rejected at once.

 

3.   That during pendency of the above referred Consumer proceeding before the Hon’ble Forum, the Complainant / Petitioner herein filed a Title Suit being T.S. no. 379 of 2012, before the Learned 1^st Court of Civil Judge ( Junior Division ) at alipore, South 24 Parganas, on the self same cause of action and or on the self same set of allegation, and wherein the Complainant / Petitioner made the Opposite Parties as necessary defendants in the said Suit, praying for declaration that the plaintiff no.1, is entitled to a declaration that the suit property belongs to him and the said purported agreement dated 01-10-2004, between the defendant no.1 and defendant no.2, is void, and permanent injunction and an order for compensation and cost, etc.

 

4.   That the two proceedings on the self same cause of action is barred and the present proceeding before the Hon’ble Forum, is not maintainable in such a view of Legal jurisprudence.

 

5.   That the Xerox of Certified copy of the Order and of the Plaint of the said Title Suit being T.S. no. 379 of 2012, are enclosing herewith collectively and marked as Annexure – “A”.

 

6.    That in the above circumstances, there is no cause of action for the present proceedings by the Petitioners, against the Opposite Party, and, accordingly pray that the Complaint be dismissed with costs.

 

7.   That the Petitioners, are not entitled to any relief as prayed in the Complaint, and the same is liable to be dismissed.

 

8.   That this application is made bonafide in the interest of administration of justice.

 

It is therefore prayed that the Hon’ble Forum, would graciously be pleased to allow this application / petition and to dismiss and or reject the present complaint being C.C. no. 69 of 2012, and to pass such other necessary order or orders as the Hon’ble Forum may deem, fit, and proper for the end of justice.

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

 

 

Verification

 

I, Golam Zahid, being the Opposite Party / Respondent, made this application. I am duly conversant with the material facts as stated in the forgoing paragraphs of my application. I duly verify this application.

 

 

Verified this ………….the day of …………….2013, at the Alipore, Kolkata.

 

 

 

 

 

                                                                   Golam Zahid

                                                                   Identified by me,

 

 

                                                                   Advocate.

Prepared in my Chamber,

 

 

Advocate.

Dated : __________________April’ 2013.

Place : Alipore Judges Court, Kolkata.