Questionnaire by the opposite party 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/85/2020

 

 

In the matter of:

Smt. Gita Chanda,

 

....Complainant

 

      -versus-

 

1.   M/s. Sree Ram Builders

           ... Opposite Party

 

 

QUESTIONNAIRE OF THE OPPOSITE PARTY

 

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      This is true that you and your Sister Anjali Karmakar are co-owners of the property at premises No. 40/15/1, Manick Bandyopadhyay Sarani, ( presently known as Moore Avenue), Kolkata – 700040, and both of you consented for construction of a building on your plot of land by the opposite party, herein. Say yes or no, describe your answer in details, if any.

 

Question no. 3      This is true that you Sister Anjali Karmakar did not consent to institute the present consumer complaint against this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 4      Did your Sister Anjali Karmakar is a Complainant in the present Consumer Complaint, against the Opposite Party ?

 

Question no. 5      Did your Sister Anjali Karmakar is a proforma opposite party in the present consumer complaint lodge by you against this opposite party ?

 

Question no. 6      Did you ever aver anywhere in your petition of consumer complaint as well as in your Evidence on Affidavit, that your Sister Anjali Karmakar has consented to institute the present consumer complaint against this opposite party ?

 

Question no. 7      This is true that an Agreement between Smt. Anjali Karmakar & Smt Gita Chanda, and the Respondent M/s. Sree Ram Builders, represented by its Proprietor Shri Ratan Kumar Banerjee, has been entered for the Construction and development of schedule property ALL THAT piece and parcel of 4(four) Cottahas 10 (ten) Chhitacks and 4(four) Sq. ft. together with Kuncha structure comprised in Mouza – Shibpur, JL no. 42, Khatian No. 176, Dag No. 244, Touji No. 151, Within the Kolkata Municipal Corporation Ward no. 97, and known and numbered as Municipal Premises No. 40/15/1, Manick Bandyopadhyay Sarani, now Moore Avenue, Police Station – Regent Park, Kolkata – 700040, District – South 24 Parganas. Say yes or no, describe your answer in details, if any.

 

Question no. 8      This is true that the Owners being Smt. Gita Chanda and Smt. Anjali Karmakar, executed and granted a General Power of Attorney in favour of Shri Ratan Kumar Banerjee, Prop. Of Ms. Sree Ram Builders, in terms of the Agreement dated 24-07-2005, for ensuing the Development Work on the schedule property. Say yes or no describe your answer in details, if any.

 

Question no. 9      This is true that The Agreement dated 24-07-2005, contained the following covenants :

a)    At page number – 4 – 9 OWNERS’ ALLOCATION : shall mean on completion of the new proposed building the owners herein shall be entitled to get all that three self contained habitable flats out of which (i) one flat no. GB in the Ground Floor measuring 500 Sq. ft. built up area be the same or little more or less, (ii) another flat no. 1B in the First Floor measuring 500 Sq. ft. built up area be the or little more or less, and (iii) another flat no. 2B, in the Second Floor measuring 500 Sq. ft. built up area be the same or little more or less to be constructed as per sanctioned building plan, which is to be renewed from the Kolkata Municipal Corporation as per present building rules in respect of premises no. 40/15/1, Manick Bandyopadhyay Sarani, formerly Moore Avenue, Police Station – Regent Park, Kolkata – 700 040, the particulars of such entirety of land and premises is more fully described in the FIRST SCHEDULE hereunder written along with proportionate share of land attributable to the said constructional areas with common facilities, civic amenities as to provided in the said building and to constructed as per specification given in the SECOND SCHEDULE hereunder written, as part of the total consideration for the said land and premises.

b)   At page number – 5 – 10 – CONSIDERATION : shall mean apart from the aforesaid constructed habitable areas mentioned hereinabove as Owner’s allocation the developer shall also pay to the Owners a sum of Rs. 5,00,000/- ( Rupees Five Lakhs ) only, as part of total consideration of the said land and premises. Out of such Rs. 5,00,000/- the developer already paid a sum of Rs. 50,000/- as per memo of consideration appended below and the Owners hereby acknowledged the same and the balance sum of Rs. 4,50,000/- shall be payable on easy installment but within the stipulated period as hereinabove mentioned.

Say yes or no, describe your answer in details, if any.

 

Question no. 10    This is true that one Misc. Case no. 323 of 2006 { Smt. Anjali Karmakar & Others } has been instituted by the Owners being Smt. Gita Chanda and Smt. Anjali Karmakar, before the Learned District Judge, at Alipore, South 24 Parganas, being an application under Section 34 of the Indian Trust Act. Say yes or no, describe your answer, in details, if any.

Question no. 11    This is true that Order dated 10-07-2008, passed by the Learned District Judge, at Alipore, South 24 Parganas, in Misc. Case no. 323 of 2006, has come in the year 2008. Say yes or no, describe your answer, in details, if any.

Question no. 12    This is true that one Supplementary Agreement between the Owners and the Developer entered in continuation of the Agreement dated 24-07-2005, and thereby modified the contents of Owners allocation and considerations, which are as follows :

a)    At page number – 4 – 3 – OWNER’S ALLOCATION : shall mean on completion of the new proposed building the Owners herein shall be entitled to get all that two self contained habitable flats out of which (i) one Flat no. 2B in the Second Floor on western portion of the Building measuring 500 Sq. ft. built up area be the same or little more or less and (iii) another Flat no. 3B in the Third Floor on western portion of the building measuring 500 Sq. ft. built up area be the same or little more or less to be constructed as per sanctioned building plan at premises no. 40/15/1, Manick Bandyopadhyay Sarani, formerly Moore Avenue, Police Station – Regent Park, Kolkata – 700 040, the particulars of such entirety of land and premises is more fully described in the FIRST SCHEDULE hereunder written along with proportionate share of land attributable to the said constructional areas with common facilities, civic amenities as to provided in the said building and to constructed as per specification given in the SECOND SCHEDULE hereunder written, as part of the total consideration for the said land and premises.

b)   At page number – 5 – 4 – CONSIDERATION : shall mean apart from the aforesaid two flats as mentioned hereinabove as Owners’ allocation the Developer shall also pay to the Owners a sum of Rs. 9,00,000/- ( Rupees Nine Lakhs ) only as part of total consideration of the said land and premises, out of such Rs. 9,00,000/- ( Rupees Nine Lakhs ) only, the Developer already paid a sum of Rs. 5,00,000/- ( Rupees Five Lakhs ) only to the Owners and the balance sum of Rs. 4,00,000/- ( Rupees Four Lakhs ) only, shall be payable by the Developer to the Owners on easy installment on or before handing over possession of Owner’s allocation to the Owners

Say yes or no, describe your answer in details, if any.

 

Question no. 13    This is true that on 30-09-2011, The Completion Certificate for Completion of Building Premises, issued by the Kolkata Municipal Corporation. Say yes or no, describe your answer, in details, if any.

 

Question no. 14    This is true that on 08-10-2011, The Physical Possession of the Owners allocation has been given by the Developer, and Since, then the Owners are enjoying uninterruptedly. Say yes or no, describe your answer in details, if any.

 

Question no. 15    This is true that    Smt. Gita Chanda and Smt. Anjali Karmakar, entered into an Agreement for Sale dated 23-07-2014, with one Kishore Chanda, Son of Late Rakhal Chanda, of 2/8, Bidhysagar Colony, also of 13, Bidhyasagar Colony, P.S. Patuli, Kolkata – 700086, for Sale of piece and parcel of 620 sq. ft. more or less super built up area of a self-contained flat at the ground floor of the G+3 storied building standing over 4 Cottahas 10 Chhitacks 23 sq. ft. more or less at Dag No. 244, Khatian No. 176, JL No. 42, Touzi No. 151, Mouza – Shibpur, PS. – Regent Park, also known as 40/15/1, Manik Bondyopadhyay Sarani, under KMC Ward no. 97, Kolkata – 700040, against the consideration money as of Rs. 7,50,000/- ( Rupees Seven Lakhs and Fifty Thousand ) only. Say yes or no, describe your answer in details, if any.

Question no. 16    This is true that One Consumer Complaint has been instituted by Kishore Chanda, Son of Late Rakhal Chanda, of 2/8, Bidhysagar Colony, also of 13, Bidhyasagar Colony, P.S. Patuli, Kolkata – 700086, against Smt. Gita Chanda and Smt. Anjali Karmakar, for enforcement of the said Agreement for Sale dated 23-07-2014, vide Consumer Complaint Case no. 568 of 2014, before the Learned District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas. Say yes or no, describe your answer in details, if any.

Question no. 17    This is true that Judgment dated 31-07-2005, passed by the Learned District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas in CC/568/2014, the operative portion hereby furnished : “Both the O.Ps are jointly and / or severally directed to execute and register the deed of conveyance in favour of the complainant in respect of the flat in question. Both the O.Ps are jointly and / or severally directed to pay Rs. 3,000/- ( Rupees tHree Thousand only ) as litigation cost to the complainant. All the orders should be complied with within 30 days from this date, failing which all the O.Ps are jointly and / or severally directed to pay Rs. 100/- per diem to the complainant after the stipulated period till full compliance”. Say yes or no, describe your answer in details, if any.

 

Question no. 18    This is true that on 30-11-2016, the respondent,  being constituted attorney of the petitioner and her co-sharer came accosted with an event that some police personnel with one Learned Advocate and one Kishore Chanda, visited the premises and break the pad lock of one vacant flat of the owner’s allocation thereof and at the Ground floor of the premises being no. 40/15/1, Manik Bandyopadhyay Sarani, formerly Moore Avenue, Kolkata – 700 040, under the Ward no. 97 of the Kolkata Municipal Corporation, and acknowledge about one Execution proceeding being no. EA/14/2016, titled as { Kishore Chanda – Versus – Anjali Karmakar and another }, and thus the respondent, came into knowledge of the said Consumer proceeding. Say yes or no, describe your answer in details, if any.

 

Question no. 19    This is true that    appeal under Section 15 of the Consumer Protection Act’ 1986, has been numbered  as A/1172/2016, titled as { Smt. Anjali Karmakar and another – Versus Kishore Chanda }, and whereas the delay application as well as the said appeal upon necessary hearing, the Hon’ble State Consumer Disputes Redressal Commission, West Bengal dismissed the application for condonation of delay in filing appeal resulting dismissal of appeal, vide order 15^th day of May’ 2017. Say yes or no, describe your answer in details, if any.

 

Question no. 20    This is true that on 19-07-2016, Deed of Conveyance by Sujata Ghosh Ld. Advocate as the Commissioner and machinery of the Forum on behalf of the said Anjali Karmakar and Gita Chanda, regfistered in favour of Kishorer Chanda, registered in Book no. I, Volume No. 1601-2016, pages from 70659 to 70698 Being No. 160102384, for the year 2016. Say yes or no, describe your answer in details, if any.

 

Question no. 21    This is true that the Said Kishore Chanda sold to one Jaganmay Mondal, vide registered in Book no. I, Volume Number 1601-2017, Pages from 50923 to 50968, Being number 160101712 for the year 2017. Say yes or, describe your answer, in details, if any.

 

Question no. 22    This is true that the present Consumer Complaint suffering from the followings. Says yes or no, describe your answerin details, if any :

                             a) Suppression of the material facts;

                             b) Non joiner of the Party;

                             c) Barred by the Limitation;

                             d) Wrongful Claim;

                             e) Complainant is not a Consumer;

                             f) Disputes as referred is not a Consumer Disputes;

                             g) No Cause of Action has ever bee accrued;

                             h) Vague and Frivolous Application;

 

Question no. 23    This is true that the Complainant is an Income Tax Assessee, Say Yes or No, describe your answer in details if any.

Question no. 24    This is true that the contents and purports of agreement entered are binding on you. 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 are residing in the flat at the premises, since delivery of possession. Say yes or no describe your answer, in details, if any.

 

Question no. 27    This is true that the said given flat has more area in measurement and big one than of the agreed one, in the agreement with this opposite party. Say yes or no, describe your answer in details, if any.

 

Question no. 28    Do you have any objection, if this opposite party placed an application for appointment of Survey Passed Engineer Commissioner for ascertainment of actual measurement of the flat, in which you reside at the premises ?

 

Question no. 29    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. 30    This is true that the delivery of possession of the said flats in terms of the agreement has already been occurred, immediately on completion of the building and you are residing in the said flat. Say yes or no, describe your answer in details, if any.

 

Question no. 31    This is true that the said Flat has duly been mutated in your name, in the record of the Kolkata Municipal Corporation. Say yes or no describe your answer in details, if any.

 

Question no. 32    Do you gone through the contents & purports of the Written Version submitted by this Opposite Party ?

 

Question no. 33    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. 34    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. 35    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. 36    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. 37    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. 38    This is true that this opposite party have no disputes with the complainant, as complainant     alleged in her concocted consumer complaint. Say yes or no, describe your answers in details, if any.

 

Question no. 39    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. 40    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. 41    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. 42    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__________________________

 

 

 

 

 

 

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.

 

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