HINDUSTAN CHAMBER OF COMMERCE

342, KALBADEVI ROAD, PEHLA MALA,

CASE NO.- XX/20XX

XXXX

Through its proprietor_____

_________________________.                                ….Claimant/complainant

Versus

XXXX

_________________________.                                         ……Respondent

REPLY ON BEHALF OF RESPONDENT TO THE CLAIM FILED BY CLAIMANT

Most Respectfully showeth:

Preliminary Objections:

1.   That the claim/complaint filed by the claimant/complainant against the respondent is not at all maintainable and same is liable to be dismissed with exemplary cost as the complainant has not come with clean hands as the averments made in this complaint completely false and frivolous

2.   That the present complaint is not at all maintainable as the complainant has not filed any invoice or any agreement having an arbitration clause as well as interest clause.

3.   That the malafide intention of complainant clearly shown from the calculation of interest. In the month of XXX 20XX, respondent received a letter from the side of claimant and call him immediately after receiving and inform that all bills raised in favour of the respondent has been duly settled from time to time, hence no liability of interest upon the respondent, consequently the claimant never asked for payment of interest before the above-said letter.  As per the said letter, Claimant asked for payment of Rs. _____/- (as the amount calculated as per 18 % rate of interest) But it was very shocking for respondent when he received a letter from this Arbitration bench with the claim of Rs. /- (as interest charged @ XX%) whereas when respondent made phone call to complainant in XX 20XX, then during conversation, claimant assured not to proceed further as there were no liability of interest upon respondent.  

4.   That the statement of accounts filed by the Complainant is itself showing the settlement of accounts as all bills duly settled from time to time.

5.   That as per limitation act, complaint is not maintainable as the respondent claiming the alleged interest accrued in the year 20XX and as per the accounts, alleged amount of Rs. XXX was pending in the year 20XX, but it was not claimed ever and claim filed in year 20XX, hence it is barred by limitation and liable to be dismissed.

6.   That the present claim is also not maintainable as respondent made entire payment to the claimant and claimant/complainant never called the respondent for the payment of Interest amount or amount of Rs XXXX/-. The respondent always made payment on time, interest never accrued on amount of respondent. Hence present complaint is not maintainable.

7.   That the present claim/complaint has been filed without any cause of action against the respondent, which is not at all maintainable and same is liable to be dismissed with heavy and exemplary cost because complainant’s only motto is to harass the respondent and grab the money from him.

8.   That the complainant has not disclosed the true facts and concealed the true material facts from this Hon’ble Court. The petitioner has no locus standi to file the present petition against the respondent no.1 and petitioner wants to unnecessarily harass the respondent no.1.

REPLY ON MERITS:

That the content of entire complaint is wrong, false and denied. It is denied that that it was agreed that after XXXX days X% compoundable interest will be charged. It is submitted complainant/claimant has not filed any agreement, invoice, bill which includes the interest clause.

It is further denied that the total outstanding amount towards claimant is Rs.XXXX/-as principle amount and Rs.XXXXX/- as interest. It is further denied that to recover this amount complainant/claimant used to call the respondent and respondent always give assurance to pay money and interest and asked for some more time. It is submitted that complainant/claimant never made any asked for the said amount except the letter sent in X 20XX, as no dues left against the respondent, the statements filed by complainant showing that amount of Rs.XXX was pending in the year 20XX and claimant has filed the present complaint in the year 20XX i.e. after four years which is barred by limitation.

It is denied that the respondent gave such false assurance for almost one year. It is again denied that Claimant called mediator/liasoner and he assured him to arrange payment along with interest.it is denied Claimant went to Delhi to meet Respondent. It is further denied After two days, when claimant call again, the phone number of respondent was not reachable.

It is submitted that respondent cleared all dues & made entire payments lastly in the month of X 20XX and thereafter no transaction made between complainant and respondent. Since then Claimant never asked to pay the alleged amount of Rs._______/-(if it was pending).Complainant neither made any telephone call nor sent any letter to pay the said amount

PRAYER:

In these facts and circumstances of the case, it is most respectfully prayed that this Arbitration bench may graciously be pleased to dismiss the present complaint with a heavy cost and Pass such further or other orders which may deem fit and proper in the facts and circumstances of the case and in the interests of justice.       

Date:                                                                                                                                                                                                                                                                                                                                                                              Respondent

Through

Counsel