BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KOLKATA UNIT-III
Tramline Building ( 1st Floor )
18, Judges Court Road, Alipore, Kolkata - 700027
CC/361/2021
In
the matter of :
Sri
Gour Mitra, Son of Late Sital Prassad Mitra, residing at premises being no.
104A, Peary Mohan Roy Road, Post Office Alipore, Police Station – Chetla,
Kolkata – 700027. ______Petitioner
-
Versus –
-
Sri
Ashok Kumar Gupta, Son of Late Girija Prasad Gupta, residing at premises being
no. 15, Mullick Para Lane, Post Office Bangur, Police Station DumDum, Kolkata –
700055.
____Respondent
Evidence
on Affidavit by the Respondent
AFFIDAVIT
Affidavit of Sri Ashok
Kumar Gupta, Son of Late Girija Prasad Gupta, aged about ____years, by faith
Hindu, by Occupation Business, residing at premises being no. 15, Mullick Para
Lane, Post Office Bangur, Police Station DumDum, Kolkata – 700055.
I, the above deponents do
hereby solemnly affirm and declare as under :-
1. That
I beg to say that I am the Respondent, and thoroughly conversant with the facts
and circumstances of the present consumer case and I am competent to swear this
affidavit.
2.
That I beg to say that the Consumer Petition is
speculative, harassing, motivated and barred by the Principles of Law and hence
it is liable to be rejected at once.
3.
That I beg to say that the petition is suffering
from misjoinder and non-joinder of necessary party in the proceeding, and
therefore liable to be dismissed at once with exemplary costs.
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 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.
7.
That I beg to say that the complainant is not a
Consumer as per provision of Section 2 (7) of the Consumer Protection Act’ 2019.
8.
That I beg to say that there is no Consumer
disputes to be adjudicated before the Hon’ble Commission, between the parties
herein.
9.
That I beg to say that the application under
Section 35 of the Consumer Protection Act 2019 placed by the Petitioner Sri
Gour Mitra, is not maintainable in its present form. The disputes referred
therein is not a Consumer Disputes as meant for the Consumer Protection Act
2019.
10.
That I beg to say that the Petitioner himself
claimed that he is head of Puri Unit of “ISCON” and preaches consciousness
across the globe, though failed to prevail moral conscious in greed of money,
resulting the present consumer proceeding. The facts enumerated by him in his
application are vague and frivolous one therefore liable to be dismissed inlimnie with exemplary cost thereof.
11.
That I beg to say that the Agreement for Sale
dated 6th of November 2020, has been entered between the parties
being an indenture of Security of investment made by the Petitioner to the
Respondent, herein. The money being sum of Rs. 20,00,000/- ( Rupees Twenty
Lakhs ) only, has been paid on different dates by the petitioner to the
respondent herein and thereby entitle to get such money with appropriate
banking rate of interest thereon. Thus the said Agreement for Sale dated 6th
day of November’ 2020, is a symbolic one as a Security documents of investment
made by the petitioner herein.
12.
That I beg to say that the investment of the
Petitioner and return thereof with appropriate banking rate of interest thereon
is a commercial activities between the parties herein and the same has lost the
jurisdiction of the Hon’ble Consumer Disputes Redressal Commission.
13.
That I beg to say that in the event, considering
the said Agreement for Sale dated 6th day of November’ 2020, it is
pertinently states that the petitioner failed to comply with the payment
schedule or the manner of payment in the given time frame in the said agreement
for sale.
14.
That I beg to say that the petitioner placed his
financial difficulties to pay any further to the respondent herein and
approached the respondent as to sale out the subjected flat to other intending
purchaser and refund his money on such sale.
15.
That I beg to say that in pursuance of asking of
the petitioner, respondent proceeded and sold out the subject flat of the said
Agreement for Sale dated 6th day of November’ 2020, to other
intending purchaser, and arranged himself to pay back money of the petitioner
with appropriate banking rate of interest but this is the petitioner who in
greed to get more money presumably changed his color and with such motivation initiated
the present consumer proceeding against the respondent.
16.
That I beg to say that the given disputes of the
petitioner in his petition of consumer complaint are not a consumer disputes as
meant for the Consumer Protection Act 2019.
17.
That I beg to say that the Respondent is all along
ready and willing to refund the money paid by the petitioner with appropriate
banking rate of interest.
18.
That I beg to say that the said Agreement for Sale
dated 6th day of November’ 2020, clearly contended that the
respondent has agreed to hand over the proposed flat to the purchaser within 18
months from the date of the agreement, subject to the petitioner complying to
the terms of payment mentioned in schedule – E and standard force majure
conditions, therefore the eighteen months come on 6th day of April’
2022, thus the present consumer proceeding is premature one initiated by the
petitioner.
19.
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.
20.
That I beg to say that the present complaint has
been made before the Hon’ble Commission, motivated and with a intention for the
wrongful gain and acquire of wrongful claim thereby the complainant herein.
21.
That I beg to say that the Respondent, herein did
not cause any deficiency in services, and or unfair trade practices, in terms
of the provisions of the Consumer Protection Act’ 2019, and rules made thereof.
22.
That I beg to say that there is no cause of action
has ever been described and or more particularly raised against this respondent,
by the complainant.
23.
That I beg to say that the Application is not
maintainable either in facts or in its present form and the petitioner has no
cause of action for bringing this suit against the Respondent as the said
application is speculative, harassing, motivated, concocted and baseless as is
barred by the Principles of Law and hence same is liable to be rejected at
once.
24.
That I beg to say that the Agreement for Sale
dated 6th of November 2020, has been entered between the parties
being an indenture of Security of investment made by the Petitioner to the
Respondent, herein. The money being sum of Rs. 20,00,000/- ( Rupees Twenty
Lakhs ) only, has been paid on different dates by the petitioner to the
respondent herein and thereby entitle to get such money with appropriate
banking rate of interest thereon. Thus the said Agreement for Sale dated 6th
day of November’ 2020, is a symbolic one as a Security documents of investment
made by the petitioner herein. The investment of the Petitioner and return
thereof with appropriate banking rate of interest thereon is a commercial
activities between the parties herein and the same has lost the jurisdiction of
the Hon’ble Consumer Disputes Redressal Commission.
25.
That I beg to say that the petitioner placed his
financial difficulties to pay any further to the respondent herein and
approached the respondent as to sale out the subjected flat to other intending
purchaser and refund his money on such sale. In pursuance of asking of the
petitioner, respondent proceeded and sold out the subject flat of the said
Agreement for Sale dated 6th day of November’ 2020, to other
intending purchaser, and arranged himself to pay back money of the petitioner
with appropriate banking rate of interest but this is the petitioner who in
greed to get more money presumably changed his color and with such motivation
initiated the present consumer proceeding against the respondent.
26.
That I beg to say that the petitioner is a
permanent residence at premises no. 140A, Peary Mohan Road, under P.S. Chetla,
Kolkata, and also have residence at Puri, therefore the Petitioner who preaches
Krishna Concise do not have any necessity of flat or any other accommodation,
so far, which clearly established the facts of investing money with the
respondent and the said agreement for sale dated 6th day of November’
2021, is a security indenture in respect of the said investment made by the
petitioner herein to the respondent.
27.
That I beg to say that the given disputes of the
petitioner in his petition of consumer complaint are not a consumer disputes as
meant for the Consumer Protection Act 2019.
28.
That I beg to say that the Respondent is all along
ready and willing to refund the money paid by the petitioner with appropriate
banking rate of interest.
29.
That I beg to say that the said Agreement for Sale
dated 6th day of November’ 2020, clearly contended that the
respondent has agreed to hand over the proposed flat to the purchaser within 18
months from the date of the agreement, subject to the petitioner complying to
the terms of payment mentioned in schedule – E and standard force majure
conditions, therefore the eighteen months come on 6th day of April’
2022, thus the present consumer proceeding is premature one initiated by the
petitioner.
30.
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.
31.
That I beg to say that the present complaint has
been made before the Hon’ble Commission, motivated and with a intention for the
wrongful gain and acquire of wrongful claim thereby the complainant herein.
32.
That I beg to say that the Respondent, herein did
not cause any deficiency in services, and or unfair trade practices, in terms
of the provisions of the Consumer Protection Act’ 2019, and rules made thereof.
33.
That I beg to say that the 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.
34.
That I beg to say that the Petitioner, is not
entitled to any relief as prayed in the Complaint, and the same is liable to be
dismissed.
35.
That I beg to say that in the aforesaid
circumstances, the respondent is seeking the dismissal of the Complaint filed
by the Petitioner, with exemplary cost.
36.
That I beg to say that the
facts contained in my written version being reply on petition placed by the
petitioner, 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
…………….2022, at the Alipore, South 24 Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………………………2022.
Place : Alipore, South 24 Parganas.
N O T A R Y
No comments:
Post a Comment