Written Version in Consumer Case by the Respondent

 

Before the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas.

 

                                                          CC / 474 / 2019

 

                                                          In the matter of :

Shri Abhijit Ghosh

                                                                             __________Complainant

-      Versus –

M/s. Madhabi Service Station, and Others.

                   _______Opposite parties.

 

Written Version of the Opposite Party No. 4 & 4(a), being Indian Oil Corporation Limited.

 

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 Opposite Parties 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 Opposite Party, except those are the matter of records.

 

9.   That the Opposite Party states that the present Complaint has been instituted by the Complainant against the Opposite Party to cause several hassle and harassments to the Opposite Party.

 

10.          That there is no privity of contract between the parties.

 

11.          That the complainant is not a Consumer as per provision of Section 2 (d) of the Consumer Protection Act’ 1986.

 

12.          That there is no Consumer disputes to be adjudicated before the Hon’ble District Commission, between the parties herein.

 

13.          That the Opposite Party states and submits 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.

 

14.          That before dealing with the statements made in the petition under objection para wise, this Opposite Party states the following facts for Your Honour’s kind perusal :

 

A)   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 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.

B)   That there is no agreement and or contract by and between the complainant and this opposite party, herein, in any manner, whatsoever.

 

C)   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.

 

D)  That the Opposite party, herein have no relationship with the complainant herein as alleged by him, in his petition of complaint.

 

E)   That this opposite party, herein have no disputes as alleged by the complainant herein, in his petition of complaint.

 

F)   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.

 

G)  That the Complaint herein as alleged by him did not seeks any specific relief in his petition of complaint, against this opposite party, herein.

 

H)  That there is no relationship as of Consumer and the Service provider by and between this opposite party, and the complainant herein.

 

I)     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.

 

J)   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.

 

K)   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.

 

L)   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’ 2019, and rules made thereof.

 

M)  That the Complainant did not have any contacts and or relationship in any terms whatsoever, with this opposite party.

 

N)   That there is no cause of action has ever been described and or more particularly raised against this opposite party, by the complainant.

 

O)  That there is no specific allegation and or relief has ever been described and prayed for by the complainant against this opposite party.

 

P)   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.

 

15.            That without waiving any of the aforesaid Objections and Facts and fully relying thereupon and without prejudice to the same. This Opposite Party 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 consumer case against this Opposite Party 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, this Opposite Parties 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, 2 and 3, of the application, this Opposite Parties deny and disputes each and every allegations made therein save and except what are the matters of record and not related to this opposite party. The Opposite Party repeat and reiterate the statements made in paragraph no.14, herein above.

 

19.            That with references to the statements made in paragraph nos. 4, 5, 6, 7, 8, and 9, of the application, this Opposite Parties deny and disputes each and every allegations made therein save and except what are the matters of record and not related to this opposite party. The Opposite Party repeat and reiterate the statements made in paragraph no.14, herein above.

 

20.            That with references to the statements made in paragraph nos. 10, 11, and 12, of the application, this Opposite Parties deny and disputes each and every allegations made therein save and except what are the matters of record and not related to this opposite party. The Opposite Party repeat and reiterate the statements made in paragraph no.14, herein above. This opposite party states that no cause of action has ever been accrued on this opposite party as all the event as described bonafide lying on the Complainants of the present proceeding and therefore this opposite party is not even means and or measure of any cause and or event as described by the complainant herein.

 

21.            That with references to the statements made in paragraph nos. 13, 14, 15, 16, 17, 18, 19, 20, and 21, of the application, this Opposite Parties deny and disputes each and every allegations made therein save and except what are the matters of record and not related to this opposite party. The Opposite Party repeat and reiterate the statements made in paragraph no.14, herein above. This opposite party states that no cause of action has ever been accrued on this opposite party as all the event as described bonafide lying on the Complainants of the present proceeding and therefore this opposite party is not even means and or measure of any cause and or event as described by the complainant herein.

 

22.            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.

 

23.            That this opposite party states 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.

 

24.            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.

 

25.            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.

 

26.            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.

 

27.            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.

 

28.            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.

 

29.            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.

 

30.            That the Petitioner, is not entitled to any relief as prayed in the Complaint, and the same is liable to be dismissed.

 

31.            That in the aforesaid circumstances, the Opposite Party is seeking the dismissal of the Complaint filed by the Petitioner, with exemplary cost.

 

32.            That the present complaint should be dismissed at once, as the same is found frivolous and vexatious one, against this opposite party.

 

It is therefore prayed that the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, would graciously be pleased to allow this Written Version of this Opposite Party, and to dismiss and or reject at once the petition of complaint filed by the Petitioner, against this opposite party 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 District 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.

 

 

 

 

A F F I D A V I T

 

I Shri 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 of the present consumer proceeding.

                                This is true to my knowledge.

 

2.   That the statements made in paragraphs 1 to __________of my Written Version are true to the best of my knowledge and belief and the rests are my humble submissions before your Honour’s Commission.

 

 

 

D E P O N E N T

 Identified by me

 

Advocate.

Prepared in my Chamber,

 

Advocate.

Date : _____________________2020.

Place : Baruipur, South 24 Pasrganas.

 

N O T A R Y