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.
REPLY
ON AFFIDAVIT
{ Reply on Affidavit by the Opposite
Party Shri Soumen chakraborty, against the declaration without affidavit, made
by the Complainant Shri Gopal Chandra Choudhury }
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 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.
2. That the said Agreement for Sale
dated 18th 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 18th 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
the Complainant did not answer the question as put forward for the cross
examination by the defense counsel on his Evidence. The complainant also did
not put any questions as cross examination on Evidence submitted by the
Opposite Party.
15.
That
the Complainant after the submission of Evidence by O.P., submitted one
declaration without affidavit, though did not put any questions as cross
examination on Evidence submitted by the O.P. and thus the Evidence submitted
by me, is unchallenged by the complainant.
16.
That
in the event Complainant did not answer the questions put forward as cross
examination, on his evidence, such an evidence of the complainant is not
admissible and while in the event the complainant did not put his any question
as cross examination on evidence submitted by me, is an unchallenged testimony
evidence and admitted in accordance with the prescribed Law.
17.
That
in all the above stated, described facts and or circumstances, the present
complaint proceedings instituted by the Complainant is a frivolous, vexious,
and thus liable to be dismissed with exemplary costs and others.
18.
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.
19.
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
…………….2013, 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
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