Questionnaire of the Opposite Party / Consumer Case / The Consumer Protection Act 2019

 

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__________________________

 

 

 

 

 

 

Reply of Notice / Consumer Dispute / Consumer / Consumer Protection Act 2019

 

Ref.: RND / Legal / 3108-1907 / 22          Dated : 24^th day of August’ 2022.

 

WITHOUT PREJUDICE

To,

Suvendu Das, Advocate,

Alipore Judges’ Court Bar Liabrary Room No. 2, 18, Judges’ Court Road, Kolkata – 700027.

 

Residence & Chamber :

 

Suvendu Das, Advocate,

Flat No. S-2, 2^nd Floor, 23/1, Banamali Naskar Road, Police Station – Parnasree, Kolkata – 700060. Mobile : 9836586307.

 

Ref.: your Letter dated 01/08/2022.

 

Reg. : Self-contained residential unit ( Tiles flooring) being Flat No. “C” consisting 2 bed rooms, 1 kitchen cum dinning, 1 topilet, 1 balcony, etc. on the Ground Floor ( western Side ) having an area 650 Sq, ft. ( Six hundred Fifty Square feet ) more or less ( Super Built up area ) of the building lying or situate at Premises No. 65/2, Jainuddin Mistry Lane, Post Office Alipore, Police Station Chetla, Kolkata – 700027, within local limits of Ward No. 082 of the Kolkata Municipal Corporation, registered in favour of Smt. Mohua Shome, daughter of Late Nayan Ranjan Shome, residing at Flat no. 2, 1^st Floor, at Premises No. 33/C, Jainuddin Mistry Lane, Post Office – Alipore, Police Station – Chetla, Kolkata – 700027, through Deed of Sale being No. 160102582 for the year 2021, in Book I, Volume no. 1601-2021, Pages from 126522 to 126553, registered at the office of the District Sub Registrar – I, South 24 Parganas, Alipore, Kolkata - 700027.

 

Your Client : Smt. Mohua Shome, Daughter of Late Nayan Ranjan Shome, residing at Flat No. 2, 1^st Floor, 33/C, Jainuddin Mistri Lane, Post Office – Alipore, Police Station – Chetla, Kolkata – 700027.

 

My Client : Ashok Kumar Gupta, Son of Late Girija Prasad Gupta, residing at Premises being no. 15, Mallick Para Lane, Post Office Bangur Avenue, Police Station Dumdum, Kolkata – 700055, District 24 Parganas ( North).

Dear Sir/s,

 

Under instructions and on behalf of my client Ashok Kumar Gupta, Son of Late Girija Prasad Gupta, residing at Premises being no. 15, Mallick Para Lane, Post Office Bangur Avenue, Police Station Dumdum, Kolkata – 700055, District 24 Parganas ( North), West Bengal, I serve upon you the following notice :

 

1)   That my client is in receipt of your above referred letter dated 01/08/2022. The said letter has delivered on 3^rd day of August’ 2022, in evening to my client by the postal peon. My client astonished on bare perusal of your said purported letter dated 01/08/2022. The contents and purports of the said letter dated 01/08/2022 are not in consonance with any facts with either party, so far.

 

 

2)   That my client handover the said purported letter dated 01/08/2022, with specific instructions to reply as under in the followings ;

 

a)    The allegations in the said purported letter dated 01/08/2022, are all false, baseless, and concocted against my client, and thus those are not acceptable at any terms, so far.

 

b)   Your client raised three issues as the disputes relates to the measurement of flat, possession letter, and completion certificate. My client is ready and willing to resolve such issues one by one. Hence at the first threshold it is desirable to arrange your Surveyor Engineer by fixing a date for measurement of the said subjected flat and by the time my client also arrange a surveyor engineer and thus in presence of both the parties and their surveyor engineer the measurement of the said subjected flat will measure and report of those surveyor engineer will consider in respect of the measurement of the said subjected flat. In the event measurement of flat will find lesser than in the Sale deed then in such event the consideration value will reconsider and will pay back to your client. Further, in the event measurement of flat will find higher than in the sale deed then in such event the consideration value will reconsider and your client will pay for the higher measurement to my client. The possession letter is ready to give to your client, however in given situation as raised by your client the same will be given to your client after conclusion of the measurement of the subjected flat. It is pertinent to states that your client is in possession of the subjected flat as the same has been handed over to your client on the day of execution and registration of the Deed of Sale and consequently she, started work of interior decoration of her said flat, thus she is in possession of the subjected Flat. Regarding the Completion Certificate, my client had already applied for the Completion Certificate with the concerned authority of the Kolkata Municipal Corporation, and the same will be available within a period expected after 30 (thirty) days, so far thus as soon as the CC will be in hand the authenticated copy of CC will be provide to your client.

 

 

3)   My client all along co-operated your client and thus delivered the subjected flat at the desire of your client at the agreed consideration value thereof. Thus there is no cause has ever been arose on any deficiency in services and or unfair trade practices.

 

I for and on behalf of my client requesting you to advise your client to arrange your Surveyor Engineer by fixing a date for measurement of the said subjected flat and by the time my client also arrange a surveyor engineer and thus in presence of both the parties and their surveyor engineer the measurement of the said subjected flat will measure and report of those surveyor engineer will consider in respect of the measurement of the said subjected flat. In the event measurement of flat will find lesser than in the Sale deed then in such event the consideration value will reconsider and will pay back to your client. Further, in the event measurement of flat will find higher than in the sale deed then in such event the consideration value will reconsider and your client will pay for the higher measurement to my client. Kindly give a date for measurement of the said subjected flat, well in advance of seven days a week, so far. Communicate at the earliest to my client preferably within a period of fortnight from the date of receipt of this letter with you.

 

Kindly do the needful, in arranging for the measurement of the subjected flat, as such disputes has been raised by your client and such arrangement is necessary to resolve such disputes at the first threshold.

 

Thanking you,

 

Yours’ faithfully,

 

 

Rabindra Nath Das,

Advocate

High Court Calcutta

 

 

 

Copy to ;

 

Smt. Mohua Shome, Daughter of Late Nayan Ranjan Shome, residing at Flat No. 2, 1^st Floor, 33/C, Jainuddin Mistri Lane, Post Office – Alipore, Police Station – Chetla, Kolkata – 700027.

 

{for information & necessary action to resolve disputes raised by you }

 

Reply on affidavit by the applicant / complainant / consumer in Consumer Case / The Consumer Protection Act 2019

 

Before the Hon’ble District Consumer Disputes Redressal Commission Kolkata – III ( Kolkata South ), at Alipore, Kolkata 700027

 

                                      Consumer Complaint no. CC/109/ 2021

 

                                                          In the matter of :

 

1.   Archana Bose, Wife of Late Sanjoy Kumar Bose, Daughter of Late Sukumar Ghosh, residing at premises being no. P-62, Parnashree Pally, Post Office – Parnashree Pally, Police Station – Parnashree, Kolkata – 700060.

 

2.   Abhinanda Bose, Daughter of Late Sanjoy Kumar Bose, being minor, represented by her mother Smt. Archana Bose, residing at premises being no. P-62, Parnashree Pally, Post Office – Parnashree Pally, Police Station – Parnashree, Kolkata – 700060.

 

___Complainants

-      Versus –

Reply on Affidavit

By the Complainants;

1.   M/s. T.G. Enterprise, a partnership Firm, having its Registered Office at Premises No. 210, M.I.D. Road, Police Station – Behala, Kolkata – 700060.

 

2.   Tapas Ghosh, Son of Sri Gopal Chandra Ghosh, presently residing at Premises no. P-62, Parnasree Pally, Flat No. D at 2^nd Floor, Post Office & Police Station – Parnasree, Kolkata - 700060.

 

3.   Sukomal Bhattacharjee, Son of Late Paritosh Bhattacharjee, residing at premises no. 412, Upen Banerjee Road, Police Station – Behala, Kolkata – 700060.

____Respondents

 

4.   Saibal Kumar Bose, Son of Late Sarat Kumar Bose, residing at Premises No. P-62, Pranashree Pally, Kolkata – 700060.

 

   ______Pro-forma Respondents

 

 

Reply on Affidavit by the Complainants;

 

AFFIDAVIT

 

Affidavit of Smt. Archana Bose, Wife of Late Sanjoy Kumar Bose, Daughter of Late Sukumar Ghosh, aged about _____years, by faith Hindu, by Occupation House Wife, residing at premises being no. P-62, Parnashree Pally, Post Office – Parnashree Pally, Police Station – Parnashree, Kolkata – 700060;

 

I, the above deponents do hereby solemnly affirm and declare as under :-

 

1.   That I am the Complainant, and thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit. The Petitioner no.2, is my minor daughter, therefore I am representing her.

 

2.   That I am replying the Questions put forward by the Learned Advocate for the Opposite Party no. 1, & 2, in the present Consumer proceeding;

 

a)    Answer of Question no. 1    Irrelevant question therefore I do not put any comment on that.

 

b)   Answer of Question no. 2    Irrelevant question therefore I do not put any comment on that.

 

c)    Answer of Question no. 3    Yes, this is true that Sanjay Kumar Bose, died on 14/09/2019. The Death Certificate issued under Form 6, on 15/09/2019, has been enclosed with my petition of consumer complaint, which appears at page no. 38, being annexure “C”, thereof.

 

d)   Answer of Question no. 4    Yes, this is true that I and my Daughter are only Legal heirs of Sanjay Kumar Bose.

 

e)    Answer of Question no. 5    My deceased husband did not give any will, therefore the question of obtaining any probate or letter of administration does not arise at all.

 

f)     Answer of Question no. 6    Succession Certificate from Competent Court of Law only require about movable property. Thus the Succession Certificate from Competent Court of Law in respect of Immovable Property does not require in the Law, therefore obtaining such Succession Certificate in respect of immovable property does not require.

 

g)    Answer of Question no. 7    well described in the contents and purports of my petition of consumer complaint lodged before the Hon’ble District Commission.

 

h)   Answer of Question no. 8    The Development Agreement was made on 23^rd day of June’ 2011, which notorized on 24^th June’ 2011.

 

i)     Answer of Question no. 9    No, I did not put my Signature therein as a Witness.

 

j)     Answer of Question no. 10 No, I did not present at the time of execution of the said development agreement made between my husband now deceased and his co-sharer and you.

 

k)   Answer of Question no. 11 Yes, I knew the transactions, terms and conditions made between landowners and the developer, as its clearly appeared in the said development agreement.

 

l)     Answer of Question no. 12 your question appear to be academic one, However for your good concern take that any contract made between the parties for a lawful purpose recognized under the Law.

 

m)  Answer of Question no. 13 I am relying on the Development Agreement entered by you. Wherein you have agreed to perform certain terms and conditions.

 

n)   Answer of Question no. 14 Yes, this is true state of Affair, at your behest.

 

o)    Answer of Question no. 15 Exact date is not remember to me.

 

p)   Answer of Question no. 16 Yes, this is true state of affair, the Developer did not provide such necessary documents.

 

q)    Answer of Question no. 17  Refer to complainant’s Letter dated 05-09-2020, and Letter dated 09-10-2020.

 

r)    Answer of Question no. 18  yes, it is true state of affair, happened at your behest.

 

s)    Answer of Question no. 19 it is untrue that the subjected flat has ever mutated in the year 2012.

 

t)     Answer of Question no. 20 the basis and contention has well described in my petition of consumer complaint as well as in my evidence on affidavit.

 

u)   Answer of Question no. 21 the notice sent on you has been annexed with my petition of consumer complaint. The said notices duly served on you.

 

v)    Answer of Question no. 22 no such possession letter has ever been issued or given by the developer. Such possession letter if any is a manufactured document of the developer.

 

w)  Answer of Question no. 23  the power of attorney if any in your favour on the death of my husband the same stand cancelled.

 

x)    Answer of Question no. 24 the Completion Certificate on completion of the building is required to be obtained from the Kolkata Municipal Corporation, and while the building was completed the said power of attorney was alive in its true content and purport, therefore if you did not apply for completion certificate in respect of newly constructed building as per sanctioned building plan, the same is a cause of your unfair trade practices, as well as deficiency in services. And further more in absence of the Completion Certificate, you are not able to sell any flat to the intending buyers, or possession letter to the Land Owners.

 

y)    Answer of Question no. 25 I have no knowledge about such deed.

 

z)    Answer of Question no. 26 I have no knowledge about any Declaration dated 25-07-2013. My Husband now deceased used to signed in English only, clearly; But the content and purports are appeared in Bengali, as well as Signature of his appeared in Bengali, with prefix Shri, which I can submit that such Declaration is a manufactured document and the same is not acceptable to me. My deceased husband signature in English appeared everywhere on each and all documents.

 

aa) Answer of Question no. 27 I have put my legal enforceable monetary claim with Completion Certificate, and Possession Letter in respect of the subjected Flat.

 

bb)        Answer of Question no. 28      I have given all necessary documents which are available to me, on demise of my husband.

 

cc) Answer of Question no. 29 I am a Consumer as meant for in the Consumer Protection Act 2019.

 

dd)        Answer of Question no. 30      Regarding issues of your Time Barred allegation, you have filed on petition on maintainability of the present consumer complaint lodged by me, the same has been heard by the Hon’ble District Commission and passed the necessary order on 9^th day of June’ 2022, the operative portion of the said order dated 09-06-2022, is reproduced as “Coming to the contention of the Op that the Case is barred by limitation, it may be pertinent to point out that non issuance of occupancy certificate or the completion certificate is a continuing cause of action. In this regard the decision of the Honourable Apex Court in case of Samruddhi co-operative housing society limited versus Mumbai Mahalaxmi Construction Pvt. Ltd; may be referred where in the Honourable Apex Court held that the failure to obtain occupancy certificate is a deficiency for which the builder is liable. It is also observed by the Honourable Apex Court that continuous failure to obtain occupancy certificate is a breach of the obligations imposed on the respondent under the MOFA and amounts to a continuing wrong. So the applicant is entitled to damages arising out of this continuing wrong and their Complaint is not barred by limitation. So in view of the legal proposition in the above mentioned case law, since non supply of completion certificate is a continuing cause of action, the contention of the Op that the complaint is barred  by law of  limitation, cannot be accepted. So far as the decision cited by the Op in case of Mohak Carpets Pvt. Ltd. Versus New India Assurance Co. Ltd. and others. On perusal of the same it appears that the same is not applicable in the given facts and situation of this case. The said case relates to an insurance policy. The Complaint in the said case was filed beyond the period of two years from the date of repudiation of the claim. Since this case is for a continuing cause of action, the petition filed by the Op no. 2 challenging the maintainability of the Complaint is considered  and rejected.”

 

ee) Answer of Question no. 31 I am entitle to get relief in terms of my prayer.

 

3.   That I beg to say that I am in need to have the Possession Letter in respect of my two flats, with the Building Completion Certificate issued by the KMC in respect of the new building premises, and the copy of the building sanctioned plan, and further I am in dire need to get my consideration being balance money as of Rs. 4,50,000/- ( Rupees Four Lakhs and Fifty Thousand ) only, with appropriate rate of banking interest thereon.

 

4.   That the facts contained in my consumer application, as well as my evidence on affidavit, 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 …………….2023, at the Alipore, South 24 Parganas.

 

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

 

                                                                   Advocate.

Prepared in my Chamber,

 

 

Advocate.

Dated :……………………………2023.

Place : Alipore, South 24 Parganas.

N O T A R Y