Thursday, March 23, 2023

Reply on asffidavit in consumer case by the petitioner / consumer

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal

11A, Mirza Ghalib Street, Kolkata - 700087

 

 

CC/526/2017

 

 

In the matter of ;

 

Sumantra Pramanik, and Others,

                             _____Petitioners

-      Versus –

Regional Manager, Alchemist Limited & Others,

                         _____Respondents

 

REPLY ON AFFIDAVIT BY THE PETITIONERS

 

AFFIDAVIT

 

Affidavit of Shri Sumantra Pramanik, Son of Late Premananda Pramanik, aged about ____years, by faith Hindu, by Occupation Business, residing at Village – Bidyadharpur, Para – Madsar, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

 

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

 

1.   That I am the petitioner herein in the present consumer proceeding, thoroughly conversant with the facts and circumstances of the present case. I am competent to swear this affidavit.

 

2.   That I am replying the queries put forward by the Respondent no.1, being Regional Manager, Alchemist Limited, in the followings ;

 

a)    Answer of Question no. 1        - Irrelevant question, since Premananda Pramanik died during pendency of the present Consumer Proceeding.

 

b)   Answer of Question no. 2        - Irrelevant question, since Premananda Pramanik died during pendency of the present Consumer Proceeding. All necessary facts has been described and enumerated in the Petition and in Evidence on Affidavit with necessary documents, relied thereon.

 

 

c)    Answer of Question no. 3        - Irrelevant question, since Premananda Pramanik died during pendency of the present Consumer Proceeding. All necessary facts has been described and enumerated in the Petition and in Evidence on Affidavit with necessary documents, relied thereon.

 

d)   Answer of Question no. 4        - Irrelevant Question, Since Premananda Pramanik died during pendency of the present Consumer Proceeding.

 

e)    Answer of Question no. 5        - The Certificate No. AIRL/RXX0101621 of Rs. 5,00,000/- ( Rupees Five Lakhs) had already matured as back as on 28-09-2015, and the said certificate in original was deposited back / submitted as far as on 08-07-2015, for maturity claim. The receipt showing such deposit / submission has been placed in annexure “B” with the petition. Since 28-09-2015, the Alchemist Limited Co. had not paid the maturity money and the monthly interest as accrued thereon. But they incessantly pressurized to renew the said certificate for regular flow of monthly interest through ECS. Being finding no other alternative, the said certificate renewed by issuing new certificate being no. ATIL/TA05125629, and the maturity date in such new certificate given as 22-12-2018, meaning thereby such renewal or issuance of a new certificate took another three years as for granted.

 

f)     Answer of Question no. 6        - Put no comments as your queries are not relevant.

 

g)    Answer of Question no. 7        - Since Alchemist did not pay any monthly interest through ECS, on newly issued certificate, the same has been surrendered on 04-07-2017. But the value and interest thereon has never been paid.

 

h)   Answer of Question no. 8        - the respondents allured for investment through advertisement.

 

i)     Answer of Question no. 9        - in the available office of the respondents, who duly acknowledged everything.

 

j)     Answer of Question no. 10      - income and savings are the pertinent sources of such investment.

k)   Answer of Question no. 11      - ECS payment monthly has been received earlier while the said old certificate was in force.

 

l)     Answer of Question no. 12      - your office issued every certificate and given thereof.

 

m)  Answer of Question no. 13      - certificate has been duly surrendered in your available office in the City of Kolkata.

 

n)   Answer of Question no. 14      - you better knew as the same has been issued and given by you.

 

o)    Answer of Question no. 15      - understanding may be varied but money has been given to you.

 

p)   Answer of Question no. 16      - your query is not clear to my understanding therefore I put no comments.

 

q)    Answer of Question no. 17      - money has been taken by you, on several promises, but did not return on its maturity.

 

r)    Answer of Question no. 18      - your query is not relevant so far, therefore I put no comment.

 

s)    Answer of Question no. 19      - Do not agree with your suggestion as on surrendering the value of certificate must be returned forthwith.

 

t)     Answer of Question no. 20      - your primary aim is well known to you, for which I am suffering. Money was given following promises by your offices.

 

u)   Answer of Question no. 21      - no answer as no question has ever put forward.

 

v)    Answer of Question no. 22      - visited your available office in city of Kolkata on several occasions.

 

w)  Answer of Question no. 23      - trouble, inconveniences, harassment, and loss of money, etc. are the basis for seeking compensation.

 

 

x)    Answer of Question no. 24      - necessary documents and facts has been well described and enumerated in the petition.

 

y)    Answer of Question no. 25      - necessary documents and facts has been well described and enumerated in the petition.

 

z)    Answer of Question no. 26      - Not a fact

 

aa) Answer of Question no. 27      - Not a fact

 

bb)                Answer of Question no. 28      - Not a fact

 

cc) Answer of Question no. 29      - Not a fact

 

3.   That the facts contained in my 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.

 

The above statements are true to my knowledge and belief.

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : _______________________ 2022.

Place : Kolkata.

N O T A R Y

 

 

 

 

 

 

 

 

 

 

 

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