CROSS-EXAMINATION QUESTIONS FOR THE COMPLAINANT

 

BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KOLKATA UNIT – III (SOUTH), AT ALIPORE,

KOLKATA – 700027,

WEST BENGAL

 

Consumer Complaint No. 24 of 2015

 

                                                          In the matter of ;

Mr. Ashish Sen, Proprietor of M/s. Ashis Sen, Son of Late Mohitosh Sen, residing at Premises being No. 2/87, Sree Colony, Police Station – Netaji Nagar, Kolkata – 700092.

……………….Complainant

-          Versus –

(1)  Smt. Ila Das, Wife of Late Sushil Kumar Das, residing at Premises being no. 3/95, Sanghati Colony, Police Station – Patuli, Kolkata – 700047.

 

(2)  Debshila Das, Daughter of Late Sushil Kumar Das, residing at Premises being no. 3/95, Sanghati Colony, Police Station – Patuli, Kolkata – 700047.

……………….Opposite Parties.

CROSS-EXAMINATION QUESTIONS FOR THE COMPLAINANT

1. Is it correct that the land on which the building stands belonged exclusively to Late Sushil Kumar Das?

 

2. Is it correct that Late Sushil Kumar Das constructed the building with his own funds for his own residential requirement?

 

3. Is it correct that you entered into an Agreement for Sale only for the second-floor flat, and not for development of the building?

 

4. Please show from the Agreement for Sale where it is written that the Opposite Party is a developer or promoter.

 

5. Please show from the Agreement for Sale where it is written that you hired any housing construction service from the Opposite Party.

 

6. Is it correct that the Agreement for Sale was only to sell a finished flat and not for construction of a building for multiple buyers?

 

7. Is it correct that the Opposite Parties never advertised any flats for sale in newspapers, internet or hoardings?

 

8. Please show from the Agreement for Sale any clause that the Opposite Party was required to provide;

(a) guard room / caretaker,

(b) common toilet for staff,

(c) standby water pump,

(d) rooftop access to all flat owners,

(e) completion certificate / sanctioned plan / structural fitness certificate.

 

9. Is it correct that you accepted possession of the flat on 30.04.2013 without insisting on the above alleged amenities?

 

10. Is it correct that after taking possession you have been residing / using the flat?

 

11. Is it correct that you have not paid the balance consideration till date?

 

12. Did you take any receipt, delivery challan or purchase invoice and make the same part of the Agreement for Sale?

 

13. Do you have any written acknowledgment from the Opposite Party that the materials were supplied by you?

 

14. Is it correct that supply of materials is not mentioned anywhere in the Agreement for Sale?

 

15. Did you obtain any technical/engineer report to prove the alleged defects before filing this complaint?

 

16. Did you file any photographs, inspection report, or estimate showing incompletion?

 

17. Did you ever call a general meeting of other flat owners to jointly complain regarding alleged defects in common areas?

 

18. Is it correct that none of the other flat owners have filed any complaint alleging defects or deficiency?

 

19. Is it correct that you never filed any civil suit / injunction / complaint with KMC regarding construction defects?

 

20. Is it correct that the Opposite Party Sushil Kumar Das died on 20.01.2024?

 

21. Is it correct that no substitution application was filed within 90 days from 20.01.2024?

 

22. Is it correct that you did not file any petition for condonation of delay under Section 5 of the Limitation Act for delay in substitution?

 

23. Is it correct that you filed the substituted/amended complaint only after 90 days?

 

24. Did you place any medical documents or documents of unavoidable circumstances showing why substitution could not be filed in time?

 

25. Is it correct that you took physical possession without any protest letter?

 

26. Is it correct that you signed a possession letter / memo mentioning that you inspected the flat?

 

27. Is it correct that the flat is presently in your exclusive occupation and enjoyment?

 

28. Is it correct that no allegation of threat or abuse by the Opposite Party was reported to the police by you?

 

29. Is it correct that you have not filed any document of mental agony or financial loss?

 

30. Are you aware that the Consumer Protection Act applies only when a service is hired?

 

31. Can you show from the Agreement for Sale any clause mentioning hiring/availing of services?

 

32. Is it correct that this dispute, if any, relates to specific performance of an Agreement for Sale, which is normally adjudicated by a Civil Court?

 

33. I put it to you that the transaction was a simple sale of a flat and not a builder–purchaser / construction service, and therefore you are not a consumer under the Consumer Protection Act. What do you say?

 

34. With reference to para 1, you stated you are the petitioner. Do you have any written authority, power of attorney or resolution of any firm authorizing you to file this complaint?

 

35. With reference to para 2 & 7, please show from the Agreement for Sale where it is mentioned that Late Sushil Kumar Das was a developer and not merely the owner of the property.

 

36. In para 3, you stated that the Opposite Party died intestate. Do you have any supporting document such as death certificate or legal heir certificate?

 

37. In para 6, you stated you filed substituted plaint. Are you aware that you filed it after expiry of 90 days from the date of death of the original Opposite Party?

 

38. With reference to para 8, you claim the area of the flat is 873 sq.ft. super built up. Please show from the Agreement where the measurement is mentioned.

 

39. With reference to para 9, you stated you paid ₹12,00,000 partly by cheque and partly by cash. Why did you not submit bank statement/cheque details/receipts along with your complaint?

 

40. With reference to para 9, what is the reason for making cash payments for a property transaction?

 

41. In para 10, you stated you purchased materials worth ₹75,000/-. Do you have any invoice/bill/estimate/acknowledgment to prove supply of such materials?

 

42. In para 11, you stated that ₹3,50,000 was the “full and final balance”. Can you show any written agreement or signed endorsement that modifies the original consideration of ₹16,50,000?

 

43. With reference to para 12, do you have any written document wherein the Opposite Party committed to register the deed in April 2013?

 

44. In para 13, you alleged the Opposite Party did not take steps for registration. Did you issue any written reminder or legal notice before taking possession?

 

45. With reference to para 14 & 15, why did you take possession of the flat although you alleged it was incomplete?

 

46. In para 16, you stated you called over telephone. Why did you not lodge any written complaint or notice immediately after taking possession?

 

47. With reference to para 18, do you have any technical inspection report or expert certificate identifying the alleged defects and their cost of repair?

 

48. In para 19, you stated that several requests were made. Why have you not produced a single signed acknowledgment or copy of the letters?

 

49. With reference to para 20, you alleged rooftop encroachment. Did you file any complaint with KMC or Police regarding the alleged encroachment?

 

50. With reference to para 21 & 22, please tell the dates of the advocate’s notices and show postal receipts or tracking reports to prove service.

 

51. In para 24, you stated settlement is impossible. Did you attend any meeting or mediation with the opposite parties after the death of original Opposite Party?

 

52. In para 25, you alleged threats and abusive language. Did you lodge any GD entry / FIR / complaint with the police?

 

53. In para 27, you alleged mental agony and day-to-day financial loss. Have you produced any doctor’s prescription, medical certificate, bills, or proof of financial loss?

 

54. In para 28, you denied that sanction plan is not necessary. Please show the sanctioned plan in your possession.

 

55. In para 30, you alleged the developer approached you for purchase. Do you have any document to prove the offer came from the Opposite Party?

 

56. In para 32 & 33, you denied taking possession after verification. Did you sign any possession slip, handover memo or inspection report?

 

57. In para 34, you denied making additions or alterations. Do you have photographs of the flat on the handing-over date to prove that no alteration was made by you?

 

58. In para 37, you denied that ₹4,50,000 is outstanding. Why did you not deposit the “settled balance” of ₹3,50,000 before this Court to prove your bona-fide?

 

59. With reference to para 46 & 47, if registration and completion works are pending since 2013, why did you never file any case before Civil Court / KMC / Police / Municipality for 12 years?

 

60. With reference to para 48, why did you not take a written acknowledgment from Late Sushil Kumar Das that ₹75,000 will be adjusted from the balance consideration?

 

61. With reference to para 49, on what basis did you quantify compensation at ₹3,50,000? Have you submitted any valuation report or estimate?

 

62. I put it to you with reference to your entire affidavit that (a) you voluntarily took possession of the flat, (b) you have not paid the full consideration, (c) the dispute is contractual in nature, and therefore you are not a consumer under the Consumer Protection Act. What do you say?