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
Written
Version by the Respondent
The
humble petition being the Written Version of the Respondent Shri Ashok Kumar
Gupta, most respectfully;
Sheweth
as under : -
1.
That the Petitioner has been served with the
purported copy of petition, made by the Complainant. The Petitioner have gone
through the contents of the purported petition and made replies to the same,
are as follows.
2.
That the Complaint is not maintainable in its
present form, either in term of the facts or in term of the Law.
3.
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 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.
5.
That the petition is suffering from suppression of
material facts and necessary party, and therefore liable to be dismissed at
once with exemplary costs.
6.
That the petition is suffering from any legal
demand and thereby cause of action, the present petition is motivated and
without any jurisdiction.
7.
That the Respondent do not admit all the
allegations made in the application of the Petitioner / Complainant, to be true
and save and except those that are specifically admitted he put the Petitioner,
to the strict proof of the rest.
8.
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 Respondent, except those are the matter
of records.
9.
That the Respondent states that the present
Complaint has been instituted by the Complainant against the respondent to
cause several hassle and harassments to the respondent.
10.
That the complainant is not a Consumer as per
provision of Section 2 (7) of the Consumer Protection Act’ 2019.
11.
That there is no Consumer disputes to be
adjudicated before the Hon’ble Commission, between the parties herein.
12.
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.
13.
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.
14.
That before dealing with the statements made in
the petition under objection para wise, this Respondent states the following
facts for Your Honour’s kind perusal :
a)
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.
b)
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.
c)
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.
d)
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.
e)
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.
f)
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.
g)
That the Respondent is all along ready
and willing to refund the money paid by the petitioner with appropriate banking
rate of interest.
h)
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.
i) 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.
j) 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.
k) 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.
l) That there is
no cause of action has ever been described and or more particularly raised
against this respondent, by the complainant.
m) That there is
no consumer dispute has ever been raised and or given in the petition of
complaint by the complainant against this respondent, therefore there is no
consumer disputes with this respondent.
15.
That without waiving any of the aforesaid
Objections and Facts and fully relying thereupon and without prejudice to the
same. The Respondent now deals with the specific paragraphs of the said
Application in seriatim as hereunder.
16.
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.
17.
Save and except the statements made in the said
application which are matter of record, the Respondent denies each and every
allegations contained in the said application and calls upon the petitioner to
strict proof of the said allegations.
18.
That with references to the statements made in
paragraph nos. 1, of the application, the respondent denied and disputes that
the Petitioner is ever a Consumer as meant for in the Consumer Protection Act
2019. The Respondent repeat and reiterate the statements made in paragraph
no.14, herein above. 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.
19.
That with references to the statements made in
paragraph nos. 2, 3, 4, 5, 6, 7, 8, 9, and 10, of the application, this Respondent
deny and disputes each and every allegations made therein save and except what
are the matters of record and not related to this respondent. The Respondent
repeat and reiterate the statements made in paragraph no.14, herein above. The
Respondent 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. 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.
20.
That with references to the statements made in
paragraph nos. 11, and 12, of the application, this Respondent deny and
disputes each and every allegations made therein save and except what are the
matters of record and not related to this respondent. The Respondent repeat and
reiterate the statements made in paragraph no.14, herein above. The respondent
states that the valuation of the present consumer application is inappropriate
given. 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.
21.
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.
22.
That the Respondent is all along ready and willing
to refund the money paid by the petitioner with appropriate banking rate of
interest.
23.
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.
24.
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.
25.
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.
26.
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.
27.
That there is no cause of action has ever been
described and or more particularly raised against this respondent, by the
complainant.
28.
That there is no consumer dispute has ever been
raised and or given in the petition of complaint by the complainant against
this respondent, therefore there is no consumer disputes with this respondent.
29.
That the Petitioner, 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.
30.
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.
31.
That the Petitioner, is not entitled to any relief
as prayed in the Complaint, and the same is liable to be dismissed.
32.
That in the aforesaid circumstances, the respondent
is seeking the dismissal of the Complaint filed by the Petitioner, with
exemplary cost.
33.
That the documents being annexed with the petition
of complaint is relied upon by the respondent herein in the present proceeding
before this Hon’ble Commission.
34.
That the respondent crave leave to produce any
other necessary documents and or papers, in the proceeding at the time of
hearing and or placing the Evidence on Affidavit, before the Hon’ble
Commission, in the interest of Administration of Justice.
35.
That this Written Version is made bonafide and in
the interest of administration of Justice.
It is
therefore prayed that the Hon’ble District Consumer Disputes Redressal Commission,
Kolkata Unit – III, Alipore, Kolkata - 700027, would graciously be pleased to
allow this Written Version of the Respondent, and to dismiss and or reject at
once the petition of complaint filed by the Petitioner, against this respondent
herein, with costs, in terms of the provisions of the Consumer Protection Act’ 2019,
and rules made therein, in the interest of administration of justice, and or to
pass such other necessary order or orders or further order or orders as the
Hon’ble Commission, 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.
1.
BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, KOLKATA UNIT-III
Tramline Building ( 1st Floor )
18, Judges Court Road, Alipore, Kolkata – 700027
Consumer Complaint no. 361
of 2021.
In the matter of
:-
Sri Gour Mitra.
…. Petitioner.
-
Versus –
Sri Ashok
Kumar Gupta,
………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 am the Respondent,
and 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 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
…………….2021, at the Alipore, South 24 Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………………………2021.
Place : Alipore, South 24
Parganas.
N O T A R Y
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