Consumer
Complaint no. 226 of 2024 |
In
the matter of ;
1.
Smt.
Kakali Sen, Wife of Sri Abhinandan Ghosh, and Daughter of Sri Amal Kumar Sen,
2.
Sri
Abhinandan Ghosh, Son of Sri Chittaranjan Ghosh,
Both are permanent residents of
Banshbari, P.O. – Banshbari, P.S. – English Bazar, District – Malda, PIN –
732201, and presently residing at D/82, Bapuji Nagar, P.O. – Regent Estate,
P.S. – Jadavpur, Kolkata – 700092.
_____Complainants
-
Versus
–
QUESTIONNAIRE
1.
M/s.
S.S. Construction, a proprietorship firm, having its registered office at
A/61/2, Bapuji Nagar, P.O. – Regent Estate, P.S. – Jadavpur, Kolkata - 700092.
2.
Sri
Sujit Saha, Sole Proprietor of M/s. S.S. Construction, residing at A/61/2,
Bapuji Nagar, P.O. – Regent Estate, P.S. – Jadavpur, Kolkata - 700092.
________Opposite Parties.
QUESTIONNAIRE /
CROSS-EXAMINATION ON BEHALF OF THE OPPOSITE PARTIES
(Against the Evidence on Affidavit
filed by the Complainants)
The
Opposite Parties, with leave of the Learned Commission, humbly put the
following questions to the Complainants for the purpose of testing the veracity
of their Evidence on Affidavit and the documents relied upon therein;
1.
You
have stated in paragraph 1 that you are authorized by Complainant No. 2 to
depose on his behalf. Please produce the document or written authorization
evidencing such authority.
2.
State
whether Complainant No. 2 has personally verified or signed any portion of the
complaint or affidavit.
3.
Do
you admit that Complainant No. 2 has not filed any separate affidavit of
evidence in his own name?
- It
is put to you that the transaction in question was entered into for
investment and profit-making purpose, and therefore you do not come within
the definition of a “consumer” under Section 2(7) of the Consumer
Protection Act, 2019. What do you say?
- Do
you admit that the land in question was jointly owned by several
co-sharers, and that the Opposite Parties were appointed developers under
a Development Agreement?
- It
is put to you that the present complaint arises out of alleged breach of a
Development Agreement which is a civil dispute involving contractual
obligations and does not fall within the purview of consumer jurisdiction.
Do you agree?
7.
Do
you admit that the Development Agreement dated 21.12.2012 was duly executed and
registered between the landowners, and the Opposite Parties?
- Do
you further admit that under the said Agreement, the Opposite Parties were
to construct a building and deliver possession of the owners’ allocation
after completion, and no monetary consideration was to be paid by the
owners?
- Is
it not a fact that the construction was duly completed in accordance with
the sanctioned plan, and completion certificate was obtained from the
competent authority?
- It
is put to you that you have not produced any documentary evidence of
additional or excess payments allegedly made to the Opposite Parties. What
do you say?
- Do
you admit that no receipts or acknowledgment from the Opposite Parties
have been annexed with your evidence in respect of the amounts you have
claimed to have paid?
12.
You
have relied on a registered Agreement for Sale dated 05.01.2016. Do you admit
that the said agreement contains specific clauses regarding (a) payment
schedule, (b) possession, and (c) execution of sale deed only upon full payment
of the entire consideration?
13.
Is
it not true that the said Agreement for Sale mentions total consideration of
Rs. 42,00,000/-, out of which Rs. 3,25,000/- was still due as on the date of
possession?
14.
Do
you admit that the Opposite Parties issued Cheque No. 184751 dated 24/01/2016,
for a sum of ₹3,00,000/-
(Rupees Three Lakhs only),
in your favour?
15.
It
is put to you that you duly encashed
the said cheque and appropriated the amount received
thereunder. What do you say?
16.
Have
you produced any bank statement proving that the said cheque amount was never
received or credited to your account?
17.
Do
you admit that, after the said cheque payment, you also received a further sum of ₹75,000/- in cash
from the Opposite Parties on or about 24/01/2016?
18.
Is
it not a fact that both
the above payments, i.e., ₹3,00,000/- by cheque and ₹75,000/- in cash, were refunds made by the Opposite
Parties towards part adjustment of the advance consideration
earlier deposited by you?
19.
It
is put to you that the alleged total payment of ₹38,75,000/- as stated in your affidavit is
false and
exaggerated, and that you have no documentary proof—such as bank
statements, cheque counterfoils, or receipts—to substantiate the same. What do
you say?
20.
Do
you admit that in your complaint and affidavit you have not produced any
acknowledgment, receipt, or voucher signed by the Opposite
Parties to show that ₹38,75,000/-
was ever paid by you?
21.
You
have stated in para 10–12 that Rs. 6,80,000/- was paid and further Rs.
1,60,000/- by demand drafts, followed by HDFC Bank loan disbursement. Please
produce documentary proof of the exact date and mode of every payment with
corresponding receipts.
22.
Have
you produced the full loan disbursement schedule or only the sanction letter?
23.
Is
it not true that you have not filed any acknowledgment from the developer
confirming receipt of the full Rs. 42,00,000/-?
24.
Do
you admit that you have been residing in the said flat since 2018 without
paying the balance consideration or maintenance charges?
25.
Is
it not true that certain amounts claimed by you were paid to third parties or
mediators who had no authority to receive money on behalf of
the Opposite Parties?
26.
It
is put to you that as per the Agreement
for Sale dated 05.01.2016, the total consideration value was
fixed at ₹42,00,000/-,
and that you failed
to pay the entire agreed sum within the stipulated period. What
do you say?
27.
Do
you admit that even after physical
possession of the said flat was handed over to you by the
Opposite Parties, you have not
cleared the entire consideration as per the payment schedule?
28.
It
is put to you that, contrary to your claim, the Opposite Parties are still entitled to receive the
balance sum of ₹3,25,000/-
from you under the said Agreement for Sale. Do you deny this?
29.
Do
you admit that you have enjoyed the possession and benefits of the flat since taking
the physical possession without paying the full consideration as per the terms
of the Agreement?
30.
It
is put to you that your denial of the aforesaid payments and balances is false, deliberate, and intended
to mislead this Hon’ble Commission. What do you say?
31.
Do
you admit that in pursuance of the Agreement
for Sale dated 05.01.2016, the Opposite Parties completed construction
of the subject flat and handed
over physical possession thereof to you ?
32.
It
is put to you that after
taking possession, you have been enjoying the said flat
peacefully without any hindrance or obstruction from the
Opposite Parties. What do you say?
33.
Do
you admit that since the date of possession, you have been residing in or using the flat,
paying electricity charges, and maintaining the premises?
34.
Is
it not a fact that you have never
lodged any complaint with the Opposite Parties, local
authorities, or any forum alleging obstruction or denial of use of the said
flat?
35.
It
is put to you that you have been enjoying
the property freely, yet have failed to arrange for registration
of the Deed of
Conveyance as per the terms of the Agreement. Do you deny this?
36.
Do
you admit that the Opposite Parties requested
and reminded you repeatedly to complete the registration of the
Deed of Conveyance, but you did
not take any initiative to do so?
37.
Is
it not true that the Agreement for Sale dated 05.01.2016, the responsibility for arranging
and bearing registration expenses was cast upon you, the
purchaser?
38.
It
is put to you that despite being in peaceful
possession of the flat, you have deliberately avoided
registration to escape payment of the remaining balance
consideration. What do you say?
39.
Please
specify whether you have obtained any engineer’s certificate or report from a
competent authority to show that the construction of lift, staircase, or garage
is incomplete or defective.
40.
Do
you admit that the sanctioned building plan (B.P. No. 2013100235 dated
03.01.2014) includes a provision for lift space only and not an installed lift
at the time of sale?
41.
Have
you made any written complaint to the Kolkata Municipal Corporation alleging
unauthorized or incomplete construction?
42.
Do
you admit that despite alleged deficiencies, you have been residing and using
the flat continuously for several years?
43.
Do
you admit that a balance
sum of ₹3,25,000/-
(Rupees Three Lakhs Twenty-Five Thousand only) remains unpaid
by you under the said Agreement?
44.
Please
clarify whether you have tendered the balance amount of Rs. 3,25,000/- before
demanding registration.
45.
Do
you admit that the Agreement for Sale provides that registration shall be done
only upon completion of full and final payment?
46.
Have
you ever submitted a draft deed or applied for registration before the
registering authority?
47.
Do
you admit that you did not pay registration charges and stamp duty as required
under the agreement?
48.
Is
it not true that the Opposite Parties are ready and willing to execute the Deed of
Conveyance immediately upon your payment of the said balance
amount?
49.
It
is put to you that you have wrongly
denied your liability to pay the said balance of ₹3,25,000/- and to complete
registration, though you are in full enjoyment of the property. What do you
say?
50.
Do
you admit that your continued occupation and enjoyment of the said flat,
without completing registration or paying the balance, amounts to unjust enrichment
at the cost of the Opposite Parties?
51.
It
is put to you that your denial of possession, as well as non-payment of the
balance consideration, is false,
misleading, and made only to frustrate the Opposite Parties’ legitimate claim.
What do you say?
- Do
you admit that the Opposite Parties have completed construction of the
building as per sanctioned plan and offered possession of your allotted
unit in due time?
- It
is put to you that you have willfully failed to take possession despite
repeated intimation from the Opposite Parties. What do you say?
- Is
it not true that the Opposite Parties requested you to execute the Deed of
Conveyance in terms of the Agreement, but you avoided the same without any
reasonable cause?
- Do
you admit that the Opposite Parties are still ready and willing to
register and hand over the flat allotted to you upon your compliance with
the contractual conditions?
56.
You
have stated that the cause of action arose between 08.09.2015 and 27.12.2022.
Please explain why the complaint was filed only in 2024 and how it is within
limitation under Section 69 of the Consumer Protection Act, 2019.
57.
Is
it not true that the Agreement for Sale expired on 05.01.2018, being two years
from execution, and that no written extension was made thereafter?
58.
Have
you filed any contemporaneous correspondence between 2018 and 2023 demanding
registration or alleging deficiency?
59.
On
what basis have you quantified your alleged loss or claimed compensation?
60.
Have
you produced any document or medical record showing mental agony, pain, or
harassment caused by the Opposite Parties?
61.
Do
you admit that the value of property appreciation and stamp duty increase is a
natural consequence of market fluctuation and not attributable to any
deficiency?
62.
Is
it not true that the complaint was filed with the intent to pressurize the
Opposite Parties into executing a conveyance deed without clearing outstanding
dues?
- It
is put to you that there was no deficiency in service on the part of the
Opposite Parties, and all obligations under the Agreement have been duly
fulfilled. Do you agree?
- Is
it not true that any delay in completion, if at all, was caused due to
unavoidable circumstances such as shortage of labour, pandemic restrictions,
and municipal clearance issues beyond the control of the Opposite Parties?
- It
is put to you that you have suppressed the fact that the Opposite Parties
incurred huge expenditure in completing the project and have not received
any cooperation from certain landowners. What do you say?
- Do
you admit that the allegation of substandard construction is baseless and
unsupported by any report of an expert, engineer, or municipal authority?
67.
It
is put to you that the present complaint has been filed after inordinate delay
and is barred by limitation under Section 69 of the Consumer Protection Act,
2019. Do you agree?
- Is
it not true that prior to filing this complaint, you did not serve any
legal notice upon the Opposite Parties demanding possession or registration?
- It
is put to you that you have filed this complaint only to harass the
Opposite Parties and extract undue advantage despite your own failure to
comply with the terms of the Agreement. What do you say?
70.
Do
you admit that most of the documents annexed with your affidavit are mere
photocopies and not proved in accordance with law?
- It
is put to you that you have not filed any document to show actual loss,
damage, or mental agony suffered by you as alleged. What do you say?
- Is
it not a fact that other landowners under the same project have already
received their respective allocations and have not raised any grievance
against the Opposite Parties?
The
Opposite Parties respectfully pray that the Learned Commission may be pleased
to take on record this Questionnaire and direct the Complainants to respond to
the above questions on oath for the just and proper adjudication of the
complaint.
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