Wednesday, October 16, 2024

Evidence on Affidavit in Consumer Case

District : Kolkata.

Before the Hon’ble District Consumer Disputes Redressal Forum, Kolkata, Unit – I.

Complaint Case no. C.C. no. 476 of 2013.

In the matter of :

Miss Priyanka Halder,

________Complainant / Applicant / Petitioner.

- Versus –

M/s. Nokia India Private Limited, and others.

________Respondents / Opposite Parties.

EVIDENCE ON AFFIDAVIT

AFFIDAVIT

Affidavit of Shri Supratik De, Son of B.K. De, aged about __________years, by faith Hindu, by Occupation Advocate, practicing at Alipore Criminal Court, 6, Baker Road, Alipore, Kolkata – 700 027, District – South 24 Parganas.

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

1. That I am thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

2. That I say that Miss Priyanka Halder, Daughter of Shri Debasish Halder, aged about 28 years, by faith Hindu, by Occupation Advocate, residing at premises being no. 1/1, Sankar Bose Road, Kolkata – 700 027, Police Station - Chetla, District – South 24 Parganas, is my junior and practicing under me since December’ 2012.

3. That I say that as I know that though Mobile has been repaired and corrected by the Service Center M/s. A N MOBILE TELECOM PVT. LIMITED, having it’s office at premises being no. 173, S.P. Mukherjee Road, Mudiali, Police Station – Tollygunge, Kolkata – 700 026, District – South 24-Parganas, the mobile handset ( i.e. NOKIA 311 ASHA ), did not work properly and the different problems has been observed by my junior at the time of use of such mobile handset, and thus She visited the said Service Center on several occasions as enumerated below herein :

a) Job Sheet No. 293504886 / 130302 / 19, dated 2^nd day of March’ 2013.

b) Job Sheet No. 293504886 / 130418 / 35, dated 18^th day of April’ 2013.

c) Job Sheet No. 293504886 / 130523 / 47, dated 23^rd day of May’ 2013.

4. That I say that due to such harassments, She wrote a letter dated 3^rd day of May’ 2013, to the Respondent / Opposite Party no.1, M/s. Nokia India Private Limited, having it’s Office at Flat no. 1204, 12^th Floor, Kailash Kasturba, Gandhi Marg, New Delhi – 110 001, stating inter alia the facts of her sufferings, requesting therein to replace the said defective Mobile Handset “ NOKIA 311 ASHA”, with the new one, which has been served through Speed Post.

5. That I say that thereafter the said Service Center M/s. A N MOBILE TELECOM PVT. LIMITED, having it’s office at premises being no. 173, S.P. Mukherjee Road, Mudiali, Police Station – Tollygunge, Kolkata – 700 026, being the respondent no.3, call my junior, and whereas She visited to the said Service Center of NOKIA, as on 10^th day of June’ 2013, and whereas the said Service Center, replaced the said Handset with the New one Handset of the same product as NOKIA 311 ASHA, having Model no. 311, IMEI No. 359330043009891, on depositing and having the said Mobile handset having IMEI Number as 354595059335415, from her, and assured that the new Handset will work properly and apologies for inconvenience caused to her, and endorsed about the replacement of the said Mobile handset on the Purchased Invoice.

6. That I say that again my junior discovered the identical problems in New replaced Mobile handset “ NOKIA 311 ASHA”, and thus She wrote a letter to the Respondent / Opposite Party no.1, herein, stated inter alia requesting for refund of money and or value of the said Mobile handset “ NOKIA 311 ASHA”, since the said Mobile handset is a defective mobile handset and not working in a proper manner, and She suffered with much hazardous in operating of such mobile handset, vide her Letter dated 3^rd day of July’ 2013, served through the Speed Post.

7. That I say that as per my knowledge Lastly on 6^th day of July’ 2013, the said Mobile Handset ( i.e. NOKIA 311 ASHA), stopped working in any manner, and thus I visited the Service Center M/s. A N MOBILE TELECOM PVT. LIMITED, having it’s office at premises being no. 173, S.P. Mukherjee Road, Mudiali, Police Station – Tollygunge, Kolkata – 700 026, and deposit the said Mobile set with them and whereas the said Service Center issued one receipt as JS No. 706 / 44, Branch Mudiali, Dated 6^th day of July’ 2013, along with one Job Sheet No. 293504886 / 130706 / 44, dated 6^th day of July’ 2013, as they are in opinion to send such Mobile handset to Delhi Office for repair and or replace as may be advise by their head office of the Manufacturer, being the Respondent / Opposite Party no.1, and given one Stand by Mobile handset vide Model no. X – 2, Battery – BL – 4C, for the use till the reaches of such decisions of the Respondent / Opposite Party no.1, herein.

8. That I say that as per my knowledge concern from the beginning of the purchased of the said Mobile Handset ( i.e. NOKIA 311 ASHA ), my junior being the petitioner / applicant in the present proceeding suffering a lot in a different manner and pretext, as to visit the Service Center, loss of time, loss of professional job, loss of data saved in such Mobile set, loss of several calls of Clients, loss of calls of Senior Advocate, loss of Calls of friends and relatives, and loss of calls of my mother illness and others. And whereas due to such defective mobile set I suffered with mental agony, inconvenience, and loss of money due to loss of calls of client and loss of professional job, due to loss of call of Senior Advocate, and others.

9. That I say that as per my knowledge concern She assessed such losses as to the tune of Rs. 2,00,000/- ( Rupees Two Lakhs ) only, and entitled to get such amount of losses, which has been occurred only due to the defective Mobile Handset ( i.e. NOKIA 311 ASHA ), provided by the Respondents herein.

10. That I say that the Mobile is a necessity to her, as to have track with the Clients and with the Learned Senior Advocates, in her professional work, and also urgent to her in the event of the connection with her family members and friends, and whereas such defective Mobile handset ruined her profession and relationship with friends, clients, and Senior Advocates, and for such reasons alone She got frustrated and suffered immensely in several aspects in sever manners and others.

11. That I say that in the facts and circumstances, She seeks to get refund of the money, being value of the said Mobile Hand set, which has been paid by me as on 15^th day of December’ 2012, to the Respondent / Opposite Party no.2, herein, so that on receipt of such amount of the said mobile hand set, She can purchase the new mobile set of another manufacturing company, as Samsung, LG, and others, at her choice, as to bring the convenient steps to connect with necessary people related to her profession and of the Social contacts.

12. That I say that She have no desire to use the standby mobile set which has been provided by the Service Center of the NOKIA, and would like to deposit with them and or return to them such stand by mobile set on receipt of the money and or value of the said Mobile Hand set, which has been paid by her as on 15^th day of December’ 2012, to the Respondent / Opposite Party no.2.

13. That I say that She had suffered a lot in several manner and aspects and loss so many things and suffered with frustration as well as monetarily loss, at the instances of the Respondents / Opposite Parties, and therefore do not want to continue with any mobile handset of NOKIA company.

14. That I say that She is a victim of the purported acts and deficiency in services at the instances of the opposite parties and the acts of the opposite parties as well as the facts are well constitute the deficiency in services on the part of the opposite parties.

15. That I say that the respondents / opposite parties, shall also pay the compensation due to her for the harassment, troubles, physical inconvenience and mental agony arising directly out of the breach of duty on the part of the respondents / opposite parties. She assesses such loss and damages at Rs. 5,00,000/- ( Rupees Five lakhs ) only.

16. That I say that the purported activities of the respondents established deficiency in services, which is contrary to the Law.

17. That I say that from all of the statements made above, it is clear that the opposite parties are guilty of deficiency in service as meant in the Consumer Protection Act.

18. That I say that She prays for the following relief and directions before the Hon’ble Forum, as She entitled to get in accordance with the Law :

i) To direct the opposite parties / respondents to refund the money and or value of the Mobile Set ( i.e. NOIKA 311 ASHA ), as of Rs. 6,000/- ( Rupees Six Thousand ) only, which has taken through INVOICE No. 12498, dated 15^th December’ 2012;

ii) To direct the Opposite Parties / Respondents, as for the mental agony, inconvenience, and loss of money due to loss of calls of client and loss of professional job, due to loss of call of Senior Advocate, and others, suffered by the petitioner, from and by the purported acts and omission of the Respondents / Opposite Parties, as assessed as Rs. 2,00,000/- ( Rupees Two Lakhs ) only to your petitioner;

iii) To direct the opposite parties to pay compensation, as for the harassment, troubles, loss of business, physical inconvenience and mental agony, suffered by the petitioner from the purported activities and others by the opposite party as assessed as Rs. 5,00,000/- ( Rupees Five Lakhs ) only to your petitioner;

iv) To grant the cost of the proceedings ;

v) To grant any other relief to the applicant / petitioner as found out by your Honour, in the facts and circumstances of the Complaint.

vi) And to pass such other necessary order or orders as your Honour , may deem fit and proper for the ends of justice.

19. That the facts contained in this affidavit 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 …………….2015, at the Alipore, South 24-Parganas.

DEPONENT

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Dated :………………………..…2015.

Place : Alipore, South 24-Parganas.

N O T A R Y

Withdrawal Petition in Consumer Case

District : South 24 Parganas.

Before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

M.A. no. of 2015,

{ Arising out of C.C. no. 95 of 2015 }

In the matter of :

Shri Hemanta Adhikary, Son of Naren Adhikary, residing at Village – Dakshinalay, Post Office - Rajarampur, Police Station - Falta, District – South 24 Parganas, Pin - 743504.

______Petitioner / Complainant.

- Versus –

1. M/s. Future Automobile Agency Private Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah – 711114.

2. M/s. Eicher Motors Limited, 102, Industrial Area No.1, SEZ, Pitampura, District Dhar, Madhya Pradesh, PIN – 454775.

3. M/s. VE Commercial Vehicles Limited, having Registered Office at 3^rd Floor, Select Cotywalk, A-3, District Centre, Saket, New Delhi – 110 017.

4. United Bank of India, Sahararhat Branch, Falta Road, P.O. Sahararhat, District South 24 Parganas, Pin - 743584.

________ Respondents / Opposite Parties.

Withdrawal of Complaint Case being C.C. no. 95 of 2015

The humble petition of the above named petitioner / Complainant, most respectfully;

Sheweth as under :

1. That the Petitioner / Complainant made an application under Section 12 of the Consumer Protection Act’ 1986, against the Respondents / Opposite Parties.

2. That the petitioner is not able to run the bus only due to manufacturing defects as owing in engine of the bus on several occasions occurred and such defects continued and the said engine go out of order and not worked properly.

3. That the present proceeding is still pending and posted for Written Version and report from the Automobile Expert, before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

4. That during the pendency of the present proceeding your petitioner entered into an amicable settlement with the Respondents / Opposite Parties, with the intervention of well wishers and such amicable settlement has been reached and ended between the parties of the proceeding at the payment of Rs. 6,00,000/- ( Rupees Six Lakhs ) only, made by the Respondents / Opposite parties to your petitioner.

5. That in view of the facts of such settlement as arrived between the parties of the proceeding, your petitioner condone all allegations against the respondents / opposite parties and therefore do not want to proceed any more against the respondents / opposite parties, before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

6. That further in view of such facts of settlement as arrived between the parties of the proceeding, your petitioner seeks to withdraw the present proceeding at once, in the interest of administration of justice.

7. That this application is made bonafide and in the interest of administration of justice.

8. The Petitioner therefore prayed for :

Under the above facts and circumstances, It is prayed that your Honour would be graciously pleased to grant the following prayers / relief :-

a) To dismiss Complaint Case being no. CC / 95 / 2015, as withdrawn by the petitioner herein;

b) And to pass such other necessary order or orders as your Lordship, may deem fit and proper for the ends of justice.

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

Verification

I, being the Petitioner, herein, do hereby declare that the forgoing paragraphs no________to ________are true to the best of my knowledge and rest prayers portions are my humble submission before the Hon’ble Forum and I duly sign and verify this Plaint on _____________2015.

Petitioner

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Dated : _______________2015.

Place : Alipore Judges’ Court.

District : South 24 Parganas.

Before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

M.A. no. of 2015,

{ Arising out of C.C. no. 95 of 2015 }

In the matter of :-

Shri Hemanta Adhikary,

……..Applicant / Petitioner.

- Versus –

M/s. Future Automobile Agency Private Limited, and others,

………Respondents / Opposite Parties.

AFFIDAVIT

Affidavit of Shri Hemanta Adhikary, Son of Naren Adhikary, aged about 46 years, by faith Hindu, by Occupation Driver, residing at Village – Dakshinalay, Post Office - Rajarampur, Police Station - Falta, District – South 24 Parganas, Pin - 743504.

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

1 : That I am being the petitioner, in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

2 : That the facts contained in my accompanying complaint / application, 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

Verified this ………….the day of …………….2015, at Alipore Judges’ Court.

DEPONENT

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Dated :……………………2015.

Place : Alipore Judges’ Court.

N O T A R Y

Adjournment Petition in Consumer Execution Case

District : South 24 Parganas.

Before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 parganas.

EA / 119 / 2015.

{ arising out of CC/ 308 / 2013 }

In the matter of :

Sri Dilip Kumar Chatterjee,

________Decree Holder

- Versus –

Shri Bani Nath Bhattacharjee,

________Judgment Debtor.

The humble petition on behalf of the above named Judgment Debtor Shri Bani Nath Bhattacharjee, most respectfully;

Sheweth as under :

1. That the Judgment Debtor Shri Bani Nath Bhattacharjee, came into knowledge of the present proceeding upon receipt of the notices sent by the Hon’ble Forum.

2. That the Judgment Debtor states that this is the first occasion that the Judgment Debtor came into the knowledge of the present proceeding initiated by the Decree Holder against the Judgment Debtor before the Hon’ble Forum.

3. That the Judgment Debtor states that the Judgment Debtor is also was not in knowledge of the proceeding being CC/308/2013, which has been decided by the Hon’ble Forum on 06-12-2013, exparte against the Judgment Debtor.

4. That the Judgment Debtor states that the Judgment Debtor was not in receipt of any communication by the Hon’ble Forum and or any communication ever made by the Decree Holder.

5. That this is the first occasion that the Judgment Debtor is appearing before the Hon’ble Forum, on receipt of the notices and or summons issued by the Hon’ble Forum, in accordance with the Law.

6. That the Judgment Debtor states that the Judgment Debtor astonished to get such notices of the present proceeding, as he could not get any earlier notices about the proceeding being CC / 308 / 2013, decided by the Hon’ble Forum.

7. That the Judgment Debtor states that the Judgment Debtor consulted with his Lawyer and under the proper advise of his Lawyer, the Judgment Debtor decided to prefer appeal under Section 15 of the Consumer Protection Act’ 1986, against the Final Order in proceeding being no. CC/308/2013, in the interest of administration of justice, and to bring the stay order of the present proceeding.

8. That in view of such facts as stated herein above, the Judgment Debtor seeks adjournment of the present proceeding for an appropriate period as to file and place his appeal under Section 15 of the Consumer Protection Act’ 1986, with his other appropriate petition and stay petition thereof before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal.

9. That unless the Hon’ble Forum, adjourn the present proceeding, for the purpose of filling the appeal under Section 15 of the Consumer Protection Act’ 1986, the Judgment Debtor will highly prejudice and suffer with irreparable loss and injury.

10. That the balance of convenience and inconvenience is in favour of the Judgment Debtor.

11. That this application is made bonafide in the interest of administration of justice.

Therefore the Judgment Debtor prayed before the Hon’ble Forum, would graciously be pleased to pass necessary order and or grant the adjournment for an appropriate period, in the interest of administration of justice, and or to pass such other necessary order or orders as the Hon’ble Forum, may deem, fit, and proper for the end of justice.

And for this act of kindness, the Judgment Debtor, as in duty bound shall ever pray.

Verification

I, Shri Bani Nath Bhattacharjee, being the Judgment Debtor, herein, made this application for adjournment. I am conversant with the material facts as stated in the foregoing paragraphs of my application. I verify and sign this application as on 31^st day of August’ 2015, at Alipore Judges Court.

Shri Bani Nath Bhattacharjee

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Date : 31^st day of August’ 2015,

Place : Alipore Judges Court.

VAKALATNAMA

District : South 24-Parganas.

Before the Hon’ble District Consumer Disputes Redressal Forum at Alipore, Kolkata – 700 027.

Execution Application no. ea / 119 / 2015.

Shri Dilip Kumar Chatterjee. ___________Decree Holder / Petitioner.

- Versus –

Sri Bani Nath Bhattacharjee, and others. ______Opposite Parties / Judgment Debtor.

KNOW ALL MEN by these presents that I / We Sri Bani Nath Bhattacharjee, Son of Late Beni Madhab Bhattacharjee,

do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof.

In witness whereof this Vakalatnama has been executed by me / us.

This the …………………day of ………………2015.

Sri Ashok Kumar Singh, Advocate.

Sri Bikash Chandra Guchait, Advocate.