Written Objection of the O.P. No. 1 to the application for amendment

 

Before the Hon’ble District Consumer Disputes Redressal Commission

South 24 Parganas

Baruipur, Kolkata – 700144

 

 

Consumer Complaint No. 186 of 2019

                                                          In the matter of ;

                                                          Pintu Chakraborty,

                                                                             ________Complainant

-      Versus –

Authority Concern/ Directors of Tata Motors Finance Limited, and Others,

          __________Opposite Parties

Written Objection of the O.P. No. 1 to the application for amendment

The humble petition of the above named O.P. No. 1, Authority Concern/ Directors of Tata Motors Finance Limited, most respectfully;

Showeth as under;

1.   That the application for amendment of the Consumer Complaint placed by the Complainant is not in any prescribed form and therefore the same cannot be entertain by the Hon’ble Commission.

 

2.   That the said application for amendment of the Consumer Complaint placed by the Complainant has not been given any schedule for amendment and therefore the same cannot be entertain by the Hon’ble Commission.

 

3.   That Since all the Opposite Parties appeared in the present Consumer Complaint and contested by filling their respective Written Version, the change of address by the complainant is not desirable at all, more particularly while the Consumer Complaint reached its recourses into Trial of the Consumer Proceeding. 

 

4.   That the Provisions of Section 12 of the Consumer Protection Act’ 1986, states as follows;

12. Manner in which complaint shall be made.—

(1)A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by—

(a)the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;

(b)any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;

(c)one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or

(d)the Central or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.

 

(2)Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner as may be prescribed.

 

(3)On receipt of a complaint made under sub-section (1), the District Forum may, by order, allow the complaint to be proceeded with or rejected:

 

Provided that a complaint shall not be rejected under this sub-section unless an opportunity of being heard has been given to the complainant:

 

Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received.

 

(4)Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum may proceed with the complaint in the manner provided under this Act:

 

Provided that where a complaint has been admitted by the District Forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force.

 

Explanation.— For the purposes of this section, “recognised consumer association” means any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.

 

5.   That therefore while the present consumer complaint has been admitted to proceed for the adjudication on the given facts and details, and more particularly, while the O.P’s, appeared on the notice and placed their respective Written Version pursuing their reply to contest the Consumer Complaint, any change in address is not desirable at all or necessitated in any event. However no reasoning has ever been cited or given by the Complainant in his said purported petition for amendment. Therefore, the petition for amendment would be dismissed inlimnie.

 

6.   That the Complainant stated in his petition of amendment as “Your Petitioner amending the Litigation Cost of Rs. 1,00,000/- (One Lakh) in place of Rs. 10,000/- (Ten Thousand) for the prolong procedure and harassment by the Opposite Parties in the prayer portion of complaint petition”, if there is so, then the question certainly arise about the confidence of the complainant that without the order of amendment by this Hon’ble Commission, he is amending at his own whims and may be in belief that whatever he placed before the Hon’ble Commission, the same may be allowed, which clearly cited his purposive approaches in placing his purported amendment petition by amending every wishes of his, must be strike down with exemplary cost.

 

7.   That the Complainant further stated about his wishes of amendment for a sum of Rs. 1,00,000/- (One Lakh) in the prayer portion of the Complaint Petition as a punitive damages, which pertinently cause undue prejudice to the Opposite Parties and fundamentally alter the nature of the present Consumer Complaint, therefore the same would be denied and dismissed inlimnie.

 

8.   That an amendment cannot introduce a claim for punitive damages, if the Original Complaint did not include such prayer.

 

9.   That in the given circumstances, it is desirable to refuse the prayer made in the petition of amendment of consumer complaint placed by the Complainant, in the interest of administration of Justice.

 

10.                That this application is made bonafide and in the interest of administration of Justice.

 

It is therefore prayed that your Honour would graciously be pleased to accept the Written Objection of the O.P. No. 1, and to dismissed the amendment petition of the complainant, in the interest of administration of Justice, and /or to pass such other necessary order or orders, as your Honour may deem, fit, and proper for the end of Justice.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

!, Prithijit Das, Son of Nirmalendu Das, aged about 40 years, working for gain as Zonal Legal Head, at M/s. Tata Motors Finance Limited having its Office at Wing A, 6^th Floor, Rene Tower, Plot AA-1, 1842, Rajdanga Main Road, Kolkata – 700107, Police Station – Kasba, District – South 24 Parganas, do hereby solemnly affirm and says as follws;

1.   That I am the authorized signatory of the O.P. no. 1, and as such I am well acquainted with the facts and circumstances of the present Consumer Complaint, which derived from the records maintained by the O.P. no. 1, M/s. Tata Motors Finance Limited. I am competent to swear this affidavit.

 

2.   That the statements made in the paragraph no. _____to _____, are true to as per records maintained by the O.P. no. 1, and the rests are my humble submissions before the Hon’ble Commission.

 

The statements are true to my knowledge and belief.

 

 

 

 

DEPONENT

Identified by me,

 

 

Advocate

 

Prepared in my Chamber;

 

 

Advocate

Date : 17^th April’ 2025

Place : Baruipur

 

N O T A R Y

Evidence on Affidavit of the Opposite Party

 

Before the Hon’ble District Consumer Disputes Redressal Commission,

South 24 Parganas

Baruipur, Kolkata - 700144

 

Consumer Complaint Case No. 48 of 2018

                                                          In the matter of :

Shri Abhijit Ghosh

                                                                   __________Complainant

-      Versus –

M/s. Madhabi Service Station, and Others.

          _______Opposite parties

 

Evidence on Affidavit of the Opposite Party No. 4 & 4(a), being Indian Oil Corporation Limited.

 

AFFIDAVIT

I, Satyabrata Naskar,  Manager Law WBSO of Indian Oil Corporation Limited, having Kolkata Divisional Office (5^th Floor ), 34A, Nirmal Chandra Street, Kolkata - 700013, do hereby solemnly affirm and declare as follows ;

 

1.   That I being the Officer of the Opposite Party no. 4, & 4a, in the present consumer proceeding, being filed by the Complainant, and I am well conversant with the facts and circumstances derived from the records of the present consumer proceeding.

 

2.   That I beg to say that the Complaint is not maintainable in its present form, either in term of the facts or in term of the Law.

 

3.   That I beg to say that the Petition is speculative, harassing, motivated and barred by the Principles of Law and hence it is liable to be rejected at once.

 

4.   That I beg to say that the petition is suffering from suppression of material facts and necessary party, and therefore liable to be dismissed at once with exemplary costs.

 

5.   That I beg to say that the consumer petition is suffering from any legal demand and thereby cause of action, the present petition is motivated and without any jurisdiction.

 

6.   That I beg to say that the contents of the Complaints are vague and based on after thought concocted story, made out by the Complainant to in-clinch issues in his favour, and thus no part of the contents of the Complaint has ever been admitted by the Opposite Party, except those are the matter of records.

 

7.   That I beg to say that the present Complaint has been instituted by the Complainant against the Opposite Party to cause several hassle and harassments to the Opposite Party.

 

8.   That I beg to say that there is no privity of contract between the parties.

 

9.   That I beg to say that the complainant is not a Consumer as per provision of Section 2 (d) of the Consumer Protection Act’ 1986.

 

10.               That I beg to say that there is no Consumer disputes to be adjudicated before the Hon’ble District Commission, between the parties herein.

 

11.               That I beg to say that the Complainant’s disputes, is not a Consumer dispute and the Complainant is not a consumer, as defined and enumerated in the relevant provisions of the Consumer Protection Act’ 1986.

 

12.               That I beg to say that this opposite party do not have any connection in respect of money transaction by the complainant and the opposite party no.1, herein M/s. Madhabi Service Station, through alleged “Debit Card” and “Pay TM” machine used by them. The alleged transaction has never been performed by this opposite party. This opposite party did not take any money from the complainant.

 

13.               That I beg to say that the alleged incident as described by the complainant herein is solely with the complainant and the other opposite parties other than this opposite party. This opposite party is not a cup of tea in the alleged story and allegations as framed by the complainant. Thus this opposite party is not even a necessary party in the present consumer proceeding.

 

14.               That I beg to say that there is no agreement and or contract by and between the complainant and this opposite party, herein, in any manner, whatsoever.

 

15.               That I beg to say that the Opposite Party, herein have no iota of knowledge about the alleged story of the complainant herein, against the other opposite parties, and the receipt shown therewith.

 

16.               That I beg to say that the Opposite party, herein have no relationship with the complainant herein as alleged by him, in his petition of complaint.

 

17.               That I beg to say that this opposite party, herein have no disputes as alleged by the complainant herein, in his petition of complaint.

 

18.               That I beg to say that this opposite party, is not a necessary party to the story of the complainant herein as alleged by him in his petition of complaint.

 

19.               That I beg to say that the Complaint herein as alleged by him did not seeks any specific relief in his petition of complaint, against this opposite party, herein.

 

20.               That I beg to say that there is no relationship as of Consumer and the Service provider by and between this opposite party, and the complainant herein.

 

21.               That I beg to say that the present Consumer disputes as alleged by the complainant herein, is not maintainable in the facts and in the law against this opposite party.

 

22.               That I beg to say that the allegations as contended by the complainant herein are all fake and frivolous one, as those are not substantiated with any single piece of papers or evidentiary value papers.

 

23.               That I beg to say that the present complaint has been made before the Hon’ble District Commission, motivated and with a intention for the wrongful gain and acquire of wrongful claim thereby the complainant herein.

 

24.               That I beg to say that this Opposite Party, herein did not cause any deficiency in services, and or unfair trade practices, in terms of the provisions of the Consumer Protection Act’ 1986, and rules made thereof.

 

25.               That I beg to say that the Complainant did not have any contacts and or relationship in any terms whatsoever, with this opposite party.

 

26.               That I beg to say that there is no cause of action has ever been described and or more particularly raised against this opposite party, by the complainant.

 

27.               That I beg to say that there is no specific allegation and or relief has ever been described and prayed for by the complainant against this opposite party.

 

28.               That I beg to say that there is no consumer dispute has ever been raised and or given in the petition of complaint by the complainant against this opposite party, therefore there is no consumer disputes with this opposite party.

 

29.               That I beg to say that pertinently, this opposite party do not have any connection in respect of money transaction by the complainant and the opposite party no.1, herein M/s. Madhabi Service Station, through alleged “Debit Card” and “Pay TM” machine used by them. The alleged transaction has never been performed by this opposite party. This opposite party never taken any money from the complainant. The alleged incident as described by the complainant herein is solely with the complainant and the other opposite parties other than this opposite party. This opposite party is not a cup of tea in the alleged story and allegations as framed by the complainant. Thus this opposite party is not even a necessary party in the present consumer proceeding.

 

30.               That I beg to say that IOCL did not have any connection in respect of money transaction by the Complainant. This is the O.P. no. 1, M/s. Madhabi Service Station, through alleged “Debit Card” and “Pay TM” machine used by them and the alleged disputes has been arose by and between them, “October, 2017, the complainant filled up his car with diesel worth Rs. 1,889.94 from the Petrol Pump of the O.P. no. 1, M/s. Madhabi Service Station, and made online payment for the price of diesel. To make online payment, he delivered his debit card and PIN to the service person of the said petrol pump. The said service person realized Rs. 1,89,000/- by swiping the debit card instead of Rs. 1,889.94 due to inadvertence or bonafide mistake. When the mistake was reported to the O.P. no. 1, by the complainant, the O.P. made then and then the said sale “Void Sale” and assured the complainant that the money would be returned to his account within a few days. Thereafter, the complainant also made online payment of Rs. 1,889.94 to the said O.P. that day for the diesel purchased by him. But the sum of Rs. 1,89,000/- has not been returned to the account of the complainant as yet from the account of the O.P. maintained with City Bank. Complainant waited till 14.02.2018, but to no effect. Therefore, he has filed the present consumer case.” The alleged transaction has never been performed by IOCL. IOCL never had taken any money from the Complainant. The alleged incident as described by the complainant herein is solely with the complainant and the other O.P’s. IOCL is not a cup of tea in the entire alleged story given by the Consumer Complaint. The Indian Oil Corporation Limited (IOCL) does not have a direct contractual relationship with the consumer who buys their products, as the contract is typically made with a distributor or gas agency, meaning the consumer cannot directly sue IOCL in a consumer court for any issues with their product or service due to the lack of a "privity of contract." 

 

31.               That I beg to say that IOCL primarily deals with distributors who then sell the products to consumers, creating a "principal-to-principal" relationship between IOCL and the distributor, not with the individual consumer. Because of this lack of direct contract, a consumer cannot claim "deficiency in service" against IOCL under the Consumer Protection Act. In the case in hand there is no deficiency in services has ever been described or given by the Complainant on the party of IOCL.

 

32.               That I beg to say that the present petition of complaint is not bonafide against this opposite party, and the complainant is not entitled to get any relief in terms of his prayer made therein from this opposite party.

 

33.               That I beg to say that in the facts and in the laws, it is totally evident from the application itself that the complainant made his endeavor to put the Hon’ble District Commission into motion to get his wrongful gains by procuring orders in terms of his prayer before the Hon’ble District Commission.

 

34.               That I beg to say that in the facts and in the laws, it is totally evident from the application itself that the complainant is trying to miss utilizing the jurisdiction of this Hon’ble District Commission.

 

35.               That I beg to say that in the above circumstances, there is no cause of action for the present proceedings by the Petitioner, against this Opposite Party, this Opposite Party, accordingly pray that the Complaint be dismissed with costs.

 

36.               That I beg to say that in the above circumstances, there is no deficiency in service, and or unfair trade practices, on the part of this Opposite Party, rather this Opposite Party is victim of the concocted story and wrongful demand of the complainant.

 

37.               That I beg to say that the Complainant neither has any cause of action nor the basis for filling the present complaint and the Petitioner’s complaint is entirely baseless and misconceived and deserve to be dismissed on this ground alone.

 

38.               That I beg to say that the Consumer Complaint is false, frivolus and vexatious and has been filed with the mala fide intention, and as such deserves to be dismissed with special costs.

 

39.               That I beg to say that the Consumer Complainant is not entitled to any relief as prayed in the petition of Complaint, and the same is liable to be dismissed.

 

40.               That I beg to say that in the aforesaid circumstances, this Opposite Party is seeking the dismissal of the Consumer Complaint with exemplary cost, thereof.

 

41.               That I beg to say that the present consumer complaint should be dismissed at once, as the same is found frivolous and vexatious one, against this opposite party.

 

 

 

 

D E P O N E N T

 Identified by me

 

Advocate.

Prepared in my Chamber,

 

Advocate.

Date : ________________________2025.

Place : Baruipur, South 24 Pasrganas.

N O T A R Y

A judicial precedent

 

A judicial precedent (also known as case law or judge-made law) refers to a legal principle or rule established in a previous case that is either binding or persuasive for courts when deciding subsequent cases with similar facts or legal issues.

🔹 Key Concepts of Judicial Precedent

1. Stare Decisis
   Latin for “to stand by things decided,” this principle underlies the doctrine of precedent. It means courts should follow previous rulings in similar cases to ensure consistency and predictability in the law.

2. Types of Precedent:

   • Binding Precedent: Must be followed by the court. Comes from a higher court in the same judicial hierarchy.

   • Persuasive Precedent: May influence a decision but is not obligatory. It can come from lower courts, courts of the same level, or courts in other jurisdictions.

3. Hierarchy of Courts (example for India, UK, or common law jurisdictions):

   • Decisions of the Supreme Court are binding on all lower courts.

   • High Court decisions are binding on subordinate courts in the same state.

   • Lower courts (e.g., district courts) must follow the precedents of higher courts.

4. Ratio Decidendi vs. Obiter Dicta:

   • Ratio Decidendi: The legal reasoning or principle upon which the decision is based; binding.

   • Obiter Dicta: Remarks or observations made by a judge that are not essential to the decision; persuasive at best.

APPLICATION FOR SEEKING PERMISSION TO TRAVEL ABROAD

 BEFORE THE HON’BLE [Name of the Court] COURT, [City]

[Case Title]
Case No: [XYZ]

APPLICATION FOR SEEKING PERMISSION TO TRAVEL ABROAD

MOST RESPECTFULLY SHOWETH:

1. That the Applicant is an accused in the above-mentioned matter pending before this Hon’ble Court.

2. That the matter is currently at the stage of [mention the current stage – e.g., trial/investigation/arguments etc.].

3. That the Applicant seeks permission of this Hon’ble Court to travel outside India to [mention country/countries] from [date of departure] to [date of return] for the purpose of [mention purpose – personal/medical/employment/family emergency etc.], the details of which are as follows:

   • Destination: [Country/City]

   • Purpose of Travel: [Brief description]

   • Duration of Stay: [Start Date] to [End Date]

   • Travel Itinerary: [Attach if available]

4. That the Applicant undertakes to:

   • Furnish the complete travel itinerary and contact details during the stay abroad.

   • Return to India on or before the said date without fail.

   • Not seek any adjournment during the period of travel and/or ensure representation through counsel.

   • Submit a copy of the passport and visa, along with any other document as directed by the Hon’ble Court.

   • Comply with all the directions and conditions imposed by this Hon’ble Court.

5. That the Applicant has never misused the liberty granted by this Hon’ble Court and undertakes to remain compliant with all terms and conditions.

PRAYER:

In view of the foregoing, the Applicant most respectfully prays that this Hon’ble Court may kindly be pleased to:

• Grant permission to the Applicant to travel abroad to [Country] for the period [Start Date] to [End Date], and/or

• Pass such other or further orders as may be deemed just and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT SHALL EVER PRAY.

[Place]
[Date]

Through Counsel
[Name of Advocate]
[Enrollment No.]
[Address]
[Phone/Email]