Questionnaire in Consumer Case by the Opposite Party Sri Soumen Chakraborty / Consumer Case / Consumer Proceeding

 

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA UNIT-III

Tramline Building ( 1^st Floor )

18, Judges Court Road, Alipore, Kolkata - 700027

 

 

 

Consumer Case no. CC/402/2021

 

 

In the matter of:

 

1.   Sri Tapas Haldar, Son of Late Kalipada Haldar, residing at premises being no. 45/A, Roy Bahadur Road, Police Station – Behala, Kolkata – 700034, District South 24 Parganas.

 

2.   Smt. Jayasree Haldar, Wife of Sri Tapas Haldar, residing at premises being no. 45/A, Roy Bahadur Road, Police Station – Behala, Kolkata – 700034, District South 24 Parganas..

....Complainants

 

      -versus-

 

1.   A.G. Construction, a proprietorship firm represented by its Proprietor Sri Soumen Chakraborty, Son of Sri Ashok Chakraborty, having residence and office at premises being no. 4/4B, Motilal Gupta Road, Police Station – Thakurpukur, Kolkata – 700008, District – South 24 Parganas.

 

2.   Sri Ashim Kumar Mondal, Son of Late Bhadra Chandra Mondal, of Village – Beldanga, P.O. & P.S. – Chanditala, Pin – 712702, District – Hooghly.

 

3.   Sri Avijit Mondal, of Village – Chabbispur, Post Office – Dharshimul, Police Station – Khanakul, Pin – 712416, District - Hooghly.

           ... Opposite Parties

 

 

QUESTIONNAIRE OF THE OPPOSITE PARTY SOUMEN CHAKRABORTY.

 

The followings are the questions by the Opposite Party Soumen Chakraborty, to the Consumer Complainants;

 

Questions ;

 

Question no. 1      What is your educational qualification and  occupation ?

 

Question no. 2      Did you ever place any authorization of the petitioner no. 2, Smt. Jayasree Haldar ?

 

Question no. 3      What is qualification of the Petitioner no.2, herein ?

Question no. 4      Whether the husband and wife can be in ambit of the Doctrine of absolute Privilege ?

Question no. 5      This is true that the Petitioner is an Income Tax Assessee, Say Yes or No, describe your answer in details if any.

 

Question no. 6      Do you gone through the contents & purports of the Agreement for Sale dated 23^rd day of March’ 2017?

 

Question no. 7      Do you gone through the contents & purports of the Written Version submitted by this Opposite Party ?

 

Question no. 8      Did you ever give any letter to this opposite party prior to December’ 2019 ?

 

Question no. 9      This is true that the Pandemic situation has arisen since the 15^th day of March’ 2020, say Yes or no, describe your answer in details, if any.

 

Question no. 10    This is true that the disputes referred by you in your petition of consumer complaint is not a Consumer Disputes as meant for in the Consumer Protection Act’ 2019, Say yes or no describe your answer in details, if any.

 

Question no. 11    This is true that you are not a Consumer as meant for in the Consumer Protection Act’ 2019, say yes or no describe your answer in details, if any.

 

Question no. 12    This is true that you have placed the concocted story in your petition of consumer complaint to in-clinch issues in your favour, Say yes or no, describe your answer, in details if any.

 

Question no. 13    This is true that your consumer complaint has prepared with oblique motive. Say yes or no describe your answer in details, if any.

 

Question no. 14    This is true that you did not pay the total consideration value of the said residential flat as agreed in the said agreement for sale. Say yes or no, describe your answer in details, if any.

 

Question no. 15    This is true that you and the petitioner no. 2, are the willful defaulter in paying money as agreed upon in the said agreement for sale. Say yes or describe your answer in details, if any.

 

Question no. 16     This is true that you and the petitioner no. 2, never pay in the terms of the payment as agreed in the said agreement for sale to this opposite party. Say yes or no describe your answer in details, if any.

 

Question no. 17    This is true that you did not complete the total payment of the consideration money for the said subjected residential flat. Say yes or no, describe your answer in details, if any.

 

Question no. 18    This is true that the contents are same in your petition of consumer complaint and in your evidence on affidavit. Say yes or no describe your answer in details, if any.

 

Question no. 19    Did you ever wrote any letter to this opposite party, in the year 2018, 2019 ?

 

Question no. 20    This is true that you conveyed your inability in paying the rest of money to this opposite party, Say yes or no, describe your answer in details, if any.

 

Question no. 21    This is true that this Opposite Party ready and willing to give possession of the said subjected residential flat in terms of the said agreement for sale dated 23^rd day of March’ 2017, to the Complainants on receipt of the balance consideration money with 12% interest thereon as agreed in the said agreement for sale dated 23^rd day of March’ 2017. Say yes or no describe your answer in details, if any.

 

Question no. 22    This is true that this opposite party have no disputes with the complainants, as complainants   alleged in their concocted consumer complaint. Say yes or no, describe your answers in details, if any.

 

Question no. 23    This is true that there is no cause of action has ever been accrued to resort in the present consumer complaint proceeding before the Hon’ble District Commission, Say yes or no describe your answer in details if any.

 

Question no. 24    This is true that this opposite party did not cause any deficiency in services, as meant for in the Consumer Protection Act’ 2019. Say yes or no describe your answer in details, if any.

 

Question no. 25    This is true that the Complainants are not Consumer as meant for in the Consumer Protection Act’ 2019. Say yes or no describe your answer in details, if any.

 

Question no. 26    This is true that you are not entitle to get any relief as prayed. Say yes or no describe your answer in details, if any.

 

___________________________________XXX__________________________

 

 

 

 

 

Questionnaire by the Opposite Party / Questionnaire in Consumer Case / Consumer Case / Consumer

 

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA UNIT-III

Tramline Building ( 1^st Floor )

18, Judges Court Road, Alipore, Kolkata - 700027

 

 

 

Consumer Case no. CC/240/2020

 

 

In the matter of:

Tushar Kanti Ganguly & Anr.,

 

....Complainants

 

      -versus-

 

                                                          Soumen Chakraborty & Anr.,

           ... Opposite Parties

 

 

QUESTIONNAIRE OF THE OPPOSITE PARTY NO.1, SOUMEN CHAKRABORTY

 

The followings are the questions by the Opposite Party no. 1, Soumen Chakraborty, to the Consumer Complainants;

 

Questions ;

 

Question no. 1      What is your educational qualification and  occupation ? do you able to read, and right English ?

 

Question no. 1A   This is true that the Complainant no. 2, Smt. Sharmistha Ganguly, did not authorize you therefore her authorization has not been given by you in your Evidence on Affidavit, submitted in the Consumer Case proceeding. Say yes or no, describe your answer in details, if any.

 

Question no. 1B   What is educational qualification and occupation of the Complainant no. 2, Smt. Sharmistha Ganguly? Whether she is able to read, and right English ?

 

Question no. 1C   Did you ever aver anywhere in your petition of consumer complaint and or in your evidence on affidavit, that the complainant no. 2, Smt. Sharmistha Ganguly, has consented to lodge the present consumer complaint against this opposite party.

 

Question no. 1D   Did you ever pray to exhibit the documents you relied on in your evidence on affidavit ? if so say the paragraph number, page number of your evidence on affidavit.

 

Question no. 1E   This is true that the present consumer complaint is a cause of your false and frivolous endavour against this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 1F    This is true that the present consumer  complaint is barred by the principal of resjudicta. Say yes or no, describe your answer in details, if any.

 

Question no. 1G   This is true that earlier you have instituted two numbers of consumer cases on the same self -story and cause of action, against this opposite party, before the Hon’ble District Consumer Disputes Redressal Commission, Kolkata Unit – III.  Say yes or no, describe your answer in details, if any.

 

Question no. 1H   This is true that your Consumer Complaint is not maintainable in the given format, as the same has not been placed in terms of the prescribed provisions of Section 35 of the Consumer Protection Act’ 2019. Say yes or no, describe your answer in details, if any.

 

Question no. 1I     This is true that under provocation you lodge the present consumer complaint against this opposite party. Say yes or, describe your answer in details, if any.

 

Question no. 1J    Do you have any objection if any enquiry in respect of your earlier two consumer cases made on the prayer of this opposite party? If yes, then why, explain in details, if any.

 

Question no. 2      This is true that on being your own satisfaction, you entered into an agreement for sale dated 03/12/2014, with this opposite party, in respect of the Flat being “A4” consisting 1 bed room, 1 toilet, 1 kitchen cum dinning, 1 wide verandah, having an area more of less 400 square feet super built area on the 1^st floor of the building premises at 291, Kailash Ghosh Road, Police Station – Haridevpur, Kolkata - 700008, against the consideration money as sum of Rs. 8,50,000/- ( Rupees Eight Lakhs and Fifty Thousand ) only. Say yes or no, describe your answer in details, if any.

 

Question no. 3      This is true that you prayed for to execute and register a proper deed of conveyance in favour of the complainants and delivery of possession of the said subjected flat, in terms of the said agreement for sale, and in the alternative praying for refund of money advanced by the complainants, before the Hon’ble Commission. Say yes or no, describe your answer in details, if any.

 

Question no. 4      This is true that you prayed for the cost of completing the pending construction work not done by the opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 5      This is true that you prayed for compensation for mental agony, pain and sufferance, etc., Say yes or no, describe your answer in details, if any.

 

Question no. 6      This is true that in the event the flat will deliver to you, then in such event the refund of the entire amount paid by you with interest thereon, cannot be paid. Say yes or no, describe your answer in details, if any.

 

Question no. 7      This is true that in placing prayer for relief before the Hon’ble Commission, by way of your consumer complaint, is much vague, and contradictory in nature, therefor no relief can be granted in favour of you. Say yes or no, describe your answer in details, if any.

 

Question no. 8      This is true that you did not make payment in terms of the agreement for sale dated 3^rd day of December’ 2014, to this opposite Party. Say yes or no, describe your answer in details, if any.

 

Question no. 9      This is true that you paid the meager amount against the agreed consideration money in respect of the subjected flat, in the agreement for sale dated 3^rd day of December’ 2014. Say yes or no, describe your answer in details, if any.

 

Question no. 10    This is true that you have paid a sum of Rs. 4,70,000/- ( Rupees Four Lacs and Seventy Thousand ) only, out of the total consideration money being agreed as a sum of Rs. 8,50,000/- ( Rupees Eight Lakhs and Fifty Thousand) only, to this Opposite party. Say yes or no describe your answer in details, if any.

 

Question no. 11    This is true that you did not perform in terms of the said agreement for Sale dated 3^rd day of December’ 2014. Say yes or no, describe your answer in details, if any.

 

Question no. 12    This is true that you asked for refund of money from this opposite party in the month of May’ 2020. Say yes or no, describe your answer in details, if any.

 

Question no. 13    This is true that you variably failed to make payment to this opposite party, as agreed upon, and therefore this opposite party get the balance consideration money as of Rs. 3,80,000/- ( Rupees Three Lakhs and Eighty Thousand ) only, from you with interest thereon being 12% interest per annum on such balance money of Rs. 3,80,000/- ( Rupees Three Lakhs and Eighty Thousand ) only. Say yes or no, describe your answer in details, if any.

 

Question no. 14    This is true that in the said agreement for sale dated 3^rd day of December’ 2014, at page number 10, paragraph number 14, it has been contended as “ the purchaser shall be liable to make payment the balance consideration amount within stipulated period as mentioned above, failing which the purchaser will be liable and responsible to bear the interest ever the due amount 12% per annum for a period of one month from the date of payment. Say yes or no, describe your answer in details, if any.

 

Question no. 15    This is true that this Opposite Party ready and willing to give possession of the subjected flat in terms of the said Agreement for Sale dated 3^rd day of December’ 2014, to you, on receipt of his balance consideration money with 12% interest thereon as agreed. Say yes or no, describe your answer in details, if any.

 

Question no. 16    This is true that the sum of money being Rs. 3,80,000/- ( Rupees Three Lakhs and Eighty Thousand ) only, is payable by you to this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 17    Are you ready and willing to make the balance consideration money  being Rs. 3,80,000/- ( Rupees Three lakhs and Eighty Thousand ) only, with the interest thereon @ 12% to this opposite Party ?

 

Question no. 18    This is true that this Opposite Party ready and willing to give the subjected flat on receipt of the balance consideration money with interest thereon in terms of the agreement for sale dated 3^rd day of December’ 2014. Say yes or no, describe your answer in details, if any.

 

Question no. 19    This is true that the Complainants are defaulter in making the payments in terms of the agreement for sale dated 3^rd day of December’ 2014, and therefore at the behest of the complainants this opposite party suffering a lot for such tenure, till date. Say yes or no, describe your answer in details, if any.

 

Question no. 20    This is true that you denied the performance of the agreement for sale dated 3^rd day of December’ 2014, and thereby you did not adhere to make payment of the consideration money as agreed upon. Say yes or no, describe your answer in details, if any.

 

Question no. 21    What are the documents, you relied on, in establishing your contention and purports of your consumer complaint. Please produce such documents with a copy to this opposite party.

 

Question no. 22    Did you ever communicate anything to this opposite party by way of any written communication being letter or email, so far ? if so, produce a copy of such letter or email with a copy to this opposite party.

 

Question no. 23    Do have any document other than the said agreement for sale dated 3^rd day of December’ 2014 ? if so, please produce the same with a copy to this opposite Party.

 

Question no. 24    This is true that earlier you have instituted two numbers of Consumer Cases against this opposite party in respect of the said subjected flat in terms of the said agreement for sale dated 3^rd day of December’ 2014, through consumer case no. CC/140/2020, and CC/219/2020, and those are not attended by you, before the Hon’ble Commission, thus dismissed for non-prosecution, Say yes or no, describe your answer in details, if any.

 

Question no. 25    This is true that you did not answer on the facts given in the written version. Say yes or no, describe your answer in details, if any.

 

Question no. 26    This is true that you do not have any locus standi to lodge this present consumer complaint against this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 27    Do you gone through the contents & purports of the Written Version submitted by this Opposite Party ?

 

Question no. 28    This is true that the disputes referred by you in your petition of consumer complaint is not a Consumer Disputes as meant for in the Consumer Protection Act’ 2019, Say yes or no describe your answer in details, if any.

 

Question no. 29    This is true that you are not a Consumer as meant for in the Consumer Protection Act’ 2019, say yes or no describe your answer in details, if any.

 

Question no. 30    This is true that you have placed the concocted story in your petition of consumer complaint to in-clinch issues in your favour, Say yes or no, describe your answer, in details if any.

 

Question no. 31    This is true that your consumer complaint has prepared with oblique motive. Say yes or no describe your answer in details, if any.

 

Question no. 32    This is true that this opposite party have no disputes with the complainant, as complainant alleged in his concocted consumer complaint. Say yes or no, describe your answers in details, if any.

 

Question no. 33    This is true that there is no cause of action has ever been accrued to resort in the present consumer complaint proceeding before the Hon’ble District Commission, Say yes or no describe your answer in details if any.

 

Question no. 34    This is true that this opposite party did not cause any deficiency in services, as meant for in the Consumer Protection Act’ 2019. Say yes or no describe your answer in details, if any.

 

Question no. 35    This is true that the Complainant is not Consumer, as meant for in the Consumer Protection Act’ 2019. Say yes or no describe your answer in details, if any.

 

Question no. 36    This is true that you are not entitled to get any relief as prayed. Say yes or no describe your answer in details, if any.

 

___________________________________XXX__________________________

my self at State Consumer Disputes Redressal Commission, West Bengal

to be the best you must be able to handle worst

my favorite flower 07-07-2022

Reply of Notice under Section 91 of Criminal Procedure Code 1973

 

Ref.: AKS / Legal / 3108-9358 / 22           Dated : 6^th day of June’ 2022.

To,

1.   Sri Chann Singh, Inspector, CBI/SCB/Kolkata. CENTRAL BUREAU OF INVESTIGATION, ECONOMICS OFFENCES – IV, CGO Complex, “C” Wing, Sector – I, DF – Block, Salt Lake, Kolkata – 700064. E-mail : hobeo4kol@cbi.gov.in

 

2. The Superintendent of Police & HOB, CBI, EO-IV, Kolkata. CENTRAL BUREAU OF INVESTIGATION, ECONOMICS OFFENCES – IV, CGO Complex, “A” Wing, 2^nd Floor, Sector – I, DF – Block, Salt Lake, Kolkata – 700064. E-mail : hobeo4kol@cbi.gov.in

 

Kind Attention : Shri Chann Singh, Inspector of Police, Central Bureau of Investigation, Economic Offences – IV, Room No. 316, 3^rd Floor, Purta Bhawan, Salt Lake, Sector – I, Kolkata – 700064.

 

Ref.: RC 09/E/2017 U/s. 420, 120B, 467, 468, & 471 of IPC

 

Reg.: Your Notice Under Section 91 of Cr.P.C. having Reference no. 1559, dated 27-05-2022, to Shri Hirak Nath Sounth.

 

My Client : Shri Hirak Nath Sounth, Son of Late Khudiram Sounth, residing at Village – Mirpur, Bhlbulchati, Post - Kharagpur, Police Station – Kharagpur, West Midnapur - 721301.

 

Dear Sir/s,

 

Under instructions of my Client Shri Hirak Nath Sounth, Son of Late Khudiram Sounth, residing at Village – Mirpur, Bhlbulchati, Post - Kharagpur, Police Station – Kharagpur, West Midnapur - 721301, I hereby states as follows :

 

1.   That my Client is in receipt of your Notice under Section 91 of Cr.P.C. having Reference no. 1559, dated 27-05-2022, only on 27^th day of May’ 2022, as the service of such notice has been given by you through Email on his Learned Advocate.

 

2.   That by the said notice, you seeks to get the documents as “(1) Details of all immovable properties registered in the name of M/s. Roofers Group of Companies, all its Directors including yourself and in the name of your wife namely Smt. Jayanti South and Children, and (2) Copy of Deeds of all the properties as provided vides point no.1” though you did not give any period for which you in need.

 

3.   That However as to the understanding of my Client, he prepared details of the immovable property sold and acquired since the year 2009 to 2021, which are enclosing herewith for your kind references and perusal thereof.

 

I for and on behalf of my Client requesting you to take note of the details of the immovable property sold and acquired since the year 2009 to 2021, which are enclosing herewith for your kind references and perusal thereof, and oblige.

 

 

This is for your kind information.

 

Thanking you,

 

Yours’ faithfully,

 

 

Ashok Kumar Singh

Advocate

High Court Calcutta

 

Enclo.: as stated above.