Delhi District Court
Ashok Kumar vs Jasbir Singh on 14 May, 2024
IN THE COURT OF SENIOR CIVIL JUDGE CUM RENT
CONTROLLER (WEST), TIS HAZARI COURTS, DELHI
Presided by : Sh. Himanshu Raman Singh
Civil Suit No. 553/23
CNR No. DLWT03-001150-2023
1. Sh. Ashok Kumar
Proprietor of Dwarkadish Home and Officer Decor
RZ-108, Mezzanine Floor,
Vishnu Garden, Khayala,
New Delhi - 110018.
2. Sh. Chirag Dilavari
S/o. Sh. Ashok Kumar
Authorized Representative of
Dwarkadish Home and Officer Decor
RZ-108, Mezzanine Floor,
Vishnu Garden, Khayala,
New Delhi - 110018. ....Plaintiffs
Versus
Sh. Jasbir Singh
C/o. Sonia International
B-22, 2/F, Left Side, Janta Colony,
Gurudwara, Shivaji Vihar, Delhi - 110027. ....Defendant
SUIT FOR RECOVERY OF Rs. 70,092 (SEVENTY THOUSAND
NINETY TWO) ALONG WITH INTEREST OF RS. 12,600/- @ 24% PER
ANNUM FROM THE DATE OF DELIVERY OF SOFA I.E. 20.07.2022
TILL REALIZATION OF AWARD AMOUNT AND PENDENTE LITE
INTEREST
Date of Filing : 03.05.2023
Date of Judgment : 14.05.2023
Decision : Ex-Parte Decreed
Civil Suit No. 553/23 Ashok Kumar Vs. Jasbir Singh Page 1 of 5
JUDGMENT
1. The present suit has been instituted by the plaintiff seeking recovery of Rs. 70,092/- along with interest of Rs. 12,600/- @ 24% per annum from the date of delivery of sofa i.e. 20.07.2022 till realization of award amount and pendente lite interest.
2. BRIEF FACTS OF THE CASE 2.1. The plaintiff no. 1 is the Proprietor of Dawarkadish Home and Officer Decor, which is a manufacturer and supplier of furniture for home and officer décor and plaintiff no. 2 is the son of plaintiff no. 1 and authorized representative.
2.2 It has been contended that the defendant represented himself as the sole proprietor of Sonia International and on 10.07.2022, with the reference of Mr. Naveen Gandhi, defendant approached the plaintiffs to purchase 15 seater sofa and in the the presence of said Mr. Naveen Gandh, plaintiffs delivered 15 seater sofa to the defendant on 20.07.2022 at the price of Rs. 59,400/- excluding GST through rikshaw. Invoice dated 20.07.2022 was raised for a sum of Rs. 70,092/- including the GST by the plaintiff. It has been contended that in discharge of his liability, the defendant issued three cheques for the amounts of Rs. 20,000/-, Rs. 17,000/- and Rs. 20,000/- respectively with the assurance for encashment on the presentation and defendant also promised to pay the balance amount by the 15th August, 2022. It has been contended that on presentation, the Civil Suit No. 553/23 Ashok Kumar Vs. Jasbir Singh Page 2 of 5 said three cheques bearing no. 688740, 688737 & 688738 were got dishonored with the remarks "insufficient funds". It has been contended that despite repeated verbal requests and telephone calls, the defendant failed to pay the said amount and ignored the requests of the plaintiff.
2.3. It has been contended that forced by the circumstances, the plaintiff sent a legal not dated 30.08.2022 to the defendants through speed post but the defendant neither made any payment till date nor sent any reply inspite of the receipt of the said notice.
2.4. Lastly, it is prayed that the suit of the plaintiff be decreed against the defendants.
3. The defendant, in the present case, has been served on 09.05.2023, but despite service of summons, defendant has failed to appear before the Court and vide order dated 12.09.2023, defendant was proceeded exparte.
4. PLAINTIFF EVIDENCE 4.1 In order to prove its case, the plaintiff no.1 Sh. Ashok Kumar examined him as PW-1, who filed his evidence by way of affidavit Ex.PW- 1/A. He has relied upon the following documents:-
Ex.PW1/1 Certified copy of Tax invoice no. DHOD/22- 23/14 dated 20.07.2022 Ex.PW1/2 Certified copy of complaint case u/s 138 N. I. Act bearing CC No. 3748/2022 Civil Suit No. 553/23 Ashok Kumar Vs. Jasbir Singh Page 3 of 5 Ex.PW1/3 Certificate under Section 65-B Indian Evidence Act 4.2 The plaintiff no. 2 Sh. Chirag Dilavari has examined himself as PW2, who filed his evidence by way of affidavit Ex.PW-2/A. He has relied upon the following documents:-
Ex.PW2/1 Certified copy of cheque bearing no. 688740 (Colly) dated 25.07.2022 for Rs. 20,000/-;
Certified copy of cheque bearing no. 688737 dated 28.07.2022 for Rs. 17,000/-
Certified copy of cheque bearing no. 688738 dated 01.08.2022 for Rs. 20,000/-.
Ex.PW2/2 Certified copies of all three bank memos (Colly) issued by the Punjab National Bank Ex.PW2/3 Certified copy of the legal notice Ex.PW2/4 Certified copies of the two postal receipts (Colly) Ex.PW2/5 Certified copy of the tracking report Ex.PW2/6 Certificate under Section 65-B Indian Evidence Act. 4.3 The plaintiffs have also examined Sh. Naveen Gandhi as PW3,
who filed his affidavit in evidence Ex.PW3/A and filed the copy of his aadhar card Ex.PW3/1 (OSR).
4.4 Thereafter, the plaintiff evidence was closed vide order dated 14.05.2024.
5. I have heard the final arguments and gone through the record carefully.
Civil Suit No. 553/23 Ashok Kumar Vs. Jasbir Singh Page 4 of 56. The defendant being ex-parte, the testimony of the witness of plaintiff has remained unchallenged and unrebutted. There is nothing to disbelieve the unrebutted testimony of the witness of plaintiff or to doubt the authenticity of the documents and veracity of the documents exhibited and proved on record. The defendant did not come forward to disprove the case of the plaintiff. The present suit is within limitation. The suit of the plaintiff is, therefore, entitled to be decreed against the defendant. Learned counsel for the plaintiff has argued that plaintiff has duly proved its case by oral as well as documentary evidence on the file. Plaintiff is entitled to recover the suit amount at the agreed rate of interest. Since, defendant did not appear before the Court despite service, therefore, it should be presumed that defendant admits the claim of plaintiff. On these grounds, plaintiff has prayed that the Suit should be decreed. From the evidence of plaintiff, which has remained unrebutted, case of plaintiff stands proved.
7. The suit is decreed in favour of the plaintiff. The plaintiff is held entitled for recovery of Rs. 70,092/- along with pendente lite interest @ 9% simple interest per annum from the date of filing of the suit till the date of judgment and future interest at the rate of 6% per annum simple interest from the date of judgment till realization. Cost of the suit is awarded in favour of the plaintiff. Decree sheet be prepared accordingly.
8. File be consigned to Record Room after necessary compliance.
Digitally signed HIMANSHU by HIMANSHU RAMAN RAMAN SINGH SINGH Date: 2024.05.14 Announced in open Court (Himanshu Raman Singh) 16:28:19 +0530 on 14.05.2024. SCJ-cum-RC (West) Tis Hazari Courts, Delhi Civil Suit No. 553/23 Ashok Kumar Vs. Jasbir Singh Page 5 of 5