Rejoinder

 

Government of West Bengal

Office of the Labour Commissioner

E.L. & M.W. Section

6, Church Lane (3^rd Floor)

Kolkata – 700001

 

 

Case No. P-175 of 2022

                                                         

                                                          In the matter of :

Sanjib Ghosh

                                                                                      _____Applicant

-      Versus –

M/s. Squarem Electra Private Limited & Others,

                                                                             _____ Opposite Parties

 

Rejoinder to the Objection of Biswanath Dutta (Opposite Party)

 

I, Sanjib Ghosh, Son of ___________, aged about ____years, by faith Hindu, by Occupation presently Unemployed, residing at Saha Para, Prasatha, Domjiur, Howrah – 711302, District – Howrah, do hereby solemnly affirm and says as follows;

 

1.   That I have gone through a copy of the objection filed and served upon me, by the Director Sri Biswanath Dutta, of M/s. Squarem Electra Private Limited. I have understood the meaning and purports thereof.

 

2.   Before dealing with parawise comments of the objection submitted by the Director Sri Biswanath Dutta. I submit the following facts for proper adjudication of the proceeding;

 

(a)  That I am an employee posted as Technical Assistant in M/s. Squarem Electra Private Limited. I was working since the month of August’ 2012, with utmost loyalty. My present Salary is as of Rs. 22,400/- ( Rupees Twenty Two Thousand and Four Hundred ) only, which included H.R.A., Fooding allowance, Employee’s Contribution to Provident Fund, P.Tax, etc.

 

(b)  Thjat Shri Biswanath Dutta is one of the Director of the said M/s. Squarem Electra Private Limited. The said Sri Biswanath Dutta took everything from me by force. I did not have any occasion to have any conversation with any other Director of the said M/s. Squarem Electra Private Limited.

 

(c)  That Since the month of July’ 2021, the said M/s. Squarem Electra Private Limited and its Directors are not paying Salary till date, therefore a substantial sum is accumulated, due and payable by the said M/s. Squarem Electra Private Limited and its Directors.

 

(d)  That I beg to say that persistently a substantial prolong period elapsed and still continuing without any salary in hand. I have suffered the pandemic situation as well as still suffering and in a situation to beg money from my relative and friends, etc. for my day to day necessity.

 

(e)  That I beg to say that my service was illegally terminated and without any notice to me. The Director Sri Biswanath Dutta did not give any clarification on my presentation, as well as Legal notices sent through my Learned Advocate. The said Sri Biswanath Dutta keeping mum on entire scenario till the issue placed before the Learned Labour Officer.

 

(f)   That I beg to say that still my P.F. Account is continuing with the authority which shows I am an employee of M/s. Squarem Electra Private Limited. The said Sri Biswanath Dutta terminated my service without notice either in written or in oral manner. The said Sri Biswanath Dutta did not compensate me on any square, whatsoever. The said Sri Biswanath Dutta, did not pay my Salary and did not pay other related perquisite, so far.

 

(g)  That I beg to say that I am continuing my family and myself in a hand to mouth by way of begging money from the relative, friends, and well-wishers, etc.

 

(h) That I am not working anywhere, since I am not in a position to get any employment in absence of any release letter by M/s. Squarem Electra Private Limited.

         

3.   Now I deal with the allegations and contentions of the said objection of Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited. Save what are matter of records, each and every allegation and/ or contentions made therein, are denied and disputed as if the same were set out hereunder and individually traversed.

 

4.   With reference to paragraph number 1, 2, 3, and 4, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I further say that I have received my Salary only upto the month of June’ 2021, therefore my salary is due and payable from the month of July’ 2021, by the said Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited. I categorically denied the statement “as the said company upto end of November, 2021, and he used to receive his agreed salary from the company and has duly acknowledged the same”. I beg to say that the Company all along used to pay my Salary and Other Employee Salary by way of Bank Transfer, being the payment of Salary into Bank Account of Employee. I put to strict proof thereof to the said Sri Biswanath Dutta to show his Bank statement in relation to his statement, which falsely alleged against me. I beg to say that the Company has sufficient business and earning and the premises was not at lease. I beg to say that I did never submit any resignation to the Company, the same has never been asked by any of the Director of the Said M/s. Squarem Electra Private Limited. I further beg to say that no settlement has ever been happened and no money in lieu of such has ever been given by the Company M/s. Squarem Electra Private Limited, and its Directors. I am denying the statemenents made in paragraph number 4 of the objection submitted by Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited and put him to strict proof thereof.

 

5.   With reference to paragraph number 5, 6, 7, 8, and 9, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I beg to say that the allegations and disputes between the directors are not concerned to me, though I am victimized by the said M/s. Squarem Electra Private Limited. I further beg to say that the other contents are repetition, which I have already answered and denied and put the said Director Sri Biswanath Dutta, of M/s. Squarem Electra Private Limited on strict proof thereof. I beg to say that I am not in connivance with any of the Director rather these two numbers of the Director Firstly Sri Biswanath Dutta and Secondly Sri Sujit Kumar Jana, connived to each other, to deny my legitimate claim of my salary, and other benefits. I further beg to say that I am not in working anywhere. I further beg to say that the content of paragraph number 9 is the same as in the paragraph number 4 of the objection of the said Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited, which I denied and replied adequately in preceding paragraph herein.

 

6.   With reference to paragraph number 10, 11, and 12, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I beg to say that I am victim of fighting between the Directors of the said M/s. Squarem Electra Private Limited. I beg to say that one of the Director before the Learned Labour Commissioner agreeing to pay and another is placing frivolous objection is truly unwarranted and not acceptable. I beg to say that in empty stomach watching fighting of the Directors are not a means of surviving my livelihood, resulting in dire destitute situation of my family and myself.

 

7.   Under the facts and circumstances, I respectfully, submit that I am entitled to get my Claim. The said director must be booked for misleading the forum, by providing false and frivolous, information/ statements to reap advantage of his strength.

 

8.   That the statement made in paragraph number 1 to 6, are true to my knowledge and that made in paragraph number 7, is my respectful submissions.

 

 

 

 

 

DEPONENT

 

Identified by me,

 

 

Advocate

 

 

Reply on Affidavit by the Complainant in Consumer Case / Consumer

 

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