Brief notes of Argument in consumer case of Amitabha Dasgupta

 

Before the Hon’ble District Consumer Disputes Redressal Commission, Kolkata Unit – III

Tramline Building (1^st Floor)

18, Judges Court Road, Alipore, Kolkata – 700027

 

Consumer Case no. CC/171/2020

 

                                                          In the matter of :

Sri Amitabha Dasgupta,

                   ____Complainant

-      Versus –

 

Sri Soumen Chakraborty, & Ors.

  _____Opposite Parties

 

BRIEF NOTES OF ARGUMENT

ON BEHALF OF

SRI SOUMEN CHAKRABORTY

 

ARGUMENT

 

Even though the agreement for sale entered between the parties, the breach and non-performance of the complainant herein cannot give right to become a Consumer as meant for in the Consumer Protection Act’ 2019;

 

The consideration value has been agreed between the parties though the same is not valid for unlimited period as the agreement for sale between the parties entered for certain limited period performance, between them;

 

 

 

 

The advance money paid by the complainant cannot give him a right to seat on that for an unlimited period without paying the total consideration money as agreed in the said agreement for sale;

 

The Complainant did never make the further / balance consideration money to this opposite party. The opposite party is victim at the behest of the complainant;

 

In the given facts of the present complaint and non-compliance of the said agreement for sale by the complainant, this opposite party will refund the money after deduction of Rs. 1,00,000/- ( Rupees One Lakh ) only for harassment and cost of defending the present complaint;

 

THUS

 

 

The Complainant failed to comply with the terms of the said agreement for sale dated 25^th day of June 2014, breach of such contract being agreement between the parties, the agreement for sale dated 25^th day of June’ 2014, has been established and duly occurred at the behest of the complainant and non-others. The said agreement for sale dated 25^th day of June 2014, is become in-fractious due to non- performance and elapse of time, therefore at present this opposite party intends to refund the money paid by the complainant after deduction of Rs. 1,00,000/- ( Rupees One Lakh ) only, being money for harassment and expenses incurred for defending this present consumer proceeding, etc.

 

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