Bangalore District Court
Dtdc Courier And Cargo Ltd vs M/S Vega Zeal Marketing Pvt Ltd on 1 April, 2015
SCCH-14 1 SC No.1249/2014
C.R.P. 67] Government of Karnataka
Form No. 9
(Civil) TITLE SHEET FOR JUDGEMENTS IN SUITS
Title Sheet for
Judgment in IN THE COURT OF THE SMALL CAUSES AT BANGALORE
Suits
PRESENT: Basavaraj Chengti., B.Com.,LL.B.,(spl)
XVI ADDL. JUDGE,
Court of Small Causes,
BANGALORE.
Dated this the 1st day of April 2015
S.C.No.1249/2014
PLAINTIFF: DTDC Courier and Cargo Ltd.,
No.269, 1st Main,
Albert Victor Road,
Chamarajpet,
Bangalore-560018.
Represented by its
Zonal Admin and Regional
HR Manager,
(By pleader Sri PKV)
Vs.
DEFENDANT/S : M/s Vega Zeal Marketing Pvt Ltd.
No.224, 33rd cross,
2nd Main,
7th block, Jayanagar,
Bangalore - 560082.
Repd by its Managing
Director/Manager
(Exparte)
SCCH-14 2 SC No.1249/2014
Date of institution of the suit: 06.11.2014
Nature of the suit (suit on pronote,
suit for declaration and possession Money suit
suit for injunction, etc.,):
Date of the commencement of 19.03.2015
recording of the evidence:
Date on which the Judgment 01.04.2015
was pronounced:
Year/s Month/s Days
Total duration: 00 04 25
Additional Judge
Note: - The names and descriptions of all the plaintiff's and
defendants as stated in the plaints should be mentioned.
SCCH-14 3 SC No.1249/2014
JUDGMENT
This is a small cause suit for recovery of money.
2. Brief averments of the plaint are as under:
The plaintiff is a public limited company registered under the provisions of companies Act 1956 and having its registered and regional offices at Bangalore. The core activity of the plaintiff is courier and carriage of cargo transshipment of documents and other parcels throughout India and abroad. Since two decades they have been rendering and fulfilling the needs of its customers, ranging from individual to groups of companies in the field of courier and carriage of cargo. The defendant's company have approached the plaintiff company for transshipment of company's letters, documents and parcel including Dox and non- dox at the competitive price. In order to have long lasting business relationship with the defendant, the plaintiff has agreed to provide the service required by the defendant for movement of his letters, documents, parcels inclusive of Dox and non-dox, to various destinations. The defendant company has availed the service of the plaintiff for transshipment of his consignment to various places and destinations since 2011. The present suit filed for recovery of Rs.85,618/- as on 12.04.2014 being admitted sum of money under the rate of contract agreement dated
03.08.2011 payable by the defendant for the service required by the defendant for movement of his consignment to various places and destinations. The plaintiff has raised invoices bearing No's 9000122017, 9000139686, 9000215548, 9000196063, 9000177161 and 9000234684 after delivery of consignments to SCCH-14 4 SC No.1249/2014 the consignee. As per statement of account bearing customer code No.BL9270 maintained by the plaintiff, an amount of Rs.85,618/- is outstanding against the defendant from 01.03.2010. Inspite of several requests and demands, the defendant has failed to pay the said amount. Therefore, the plaintiff has got issued a legal notice on 31.05.2014 calling upon the defendant to make the payment of outstanding amount along with interest @ 24% p.a., But the defendant neither replied the notice nor complied with the demand made in the notice. The defendant was in due of Rs.85,618/- as on the date of suit. He is further liable to pay interest @ 24% p.a., from the date of suit till realization. Hence, the plaintiff has filed this suit for judgment and decree against the defendant for Rs.85,618/- with interest @ 24% p.a., monthly from the date of suit till realization.
3. The summons were not served upon the defendant in the ordinary course. Hence, summons was issued to him by substitute service i.e., by paper publication. Inspite of publication of summons in newspaper, the defendant remained absent and hence, he is placed exparte. Then, the plaintiff has examined his Zonal Admin and Regional HR Manager as PW.1 and got marked documents as Ex.P1 to 8.
4. Heard the arguments and perused the records.
5. Now, the points arise for my consideration are as under:-
1. Whether the plaintiff is entitled for the suit claim?
2. What order or decree?SCCH-14 5 SC No.1249/2014
6. My findings on the above points are as under:-
Point No.1 - In affirmative Point No.2 - As per final order for the following:
REASONS
7. POINT No.1:- In order to prove his case, the plaintiff has examined his Zonal Admin and Regional HR Manager as PW.1 and got marked documents as Ex.P1 to 8. The defendant remained exparte.
8. PW.1 Rama Murthy is the Zonal Admin and Regional HR Manager of the plaintiff and he has reiterated entire averments of the plaint and deposed about the contract between the plaintiff and the defendant, about service rendered by the plaintiff, about maintaining account in the name of the defendant and outstanding amount therein, about issuance of legal notice demanding to pay the outstanding amount and failure of the defendant to reply or comply the notice, about liability of the defendant to pay Rs.85,618/- with interest. Hence, he has sought for passing of decree against the defendant for Rs.85,618/- with interest @ 24% p.a., from date of suit till realization. His evidence remained unchallenged. There is nothing on record to disbelieve his evidence.
9. The plaintiff has produced letter of authority, agreement dated 03.08.2011, invoices, statement of account, copy of legal notice, postal receipt, postal cover and citation bill to support the oral evidence of PW.1 which are marked as Ex.P1 to 8. These documents corroborate the evidence of PW.1 and SCCH-14 6 SC No.1249/2014 reveal that the defendant has availed the service of the plaintiff for transshipment of his goods and articles from one place to another, the plaintiff has sent consignment of the defendant from the place of the defendant to the destination and raised invoices at Ex.P3, that the defendant was in due of Rs.85,618.12 as on 12.04.2014, that the defendant has failed to make the payment of amount inspite of demand and legal notice. Agreement at Ex.P2 contains a clause regarding payment of interest which reads as under:
" 16) The customer agrees for make payment to the company for the charges of couriering of its consignments as per the rates agreed upon and detailed so in the contract, specifying various slab of weights, destinations, time of pick up, point of pick up, contact person etc., within 15 (Fifteen) days from the date of bill being submitted to the customer, the customer also agrees to pay the service tax and statutory levies, if any prevailing at the time of booking. Payments to the Company by the Customer are to be made vide account payee cheque or Deceased in favour of 'DTDC Courier and Cargo Ltd.,' payable at Bangalore. This is a Centralised contract with decentralized billing and payment for all the various location. The Company holds the right to levy interest @ 24% p.a., from the customer for any payments made after the 15 days credit period. It is advised by the company that payments should not be made in cash".
10. Oral evidence of PW.1 and contents of Ex.P1 to 8 substantiate the averments of the plaint. There is nothing on record to disbelieve the oral and documentary evidence produced by the plaintiff. The claim of the plaintiff is as per agreement and statement of account. There is nothing to disbelieve the entries made the statement of account. The SCCH-14 7 SC No.1249/2014 defendant remained exparte. He has not even replied the legal notice issued by the plaintiff prior to filing of the suit. Therefore, it cannot be believed that the defendant has paid any amount towards his dues. The transaction between the plaintiff and the defendant is commercial transaction. The defendant is bound by the terms of agreement. Hence, I hold that the defendant is liable to pay Rs.85,618/- with interest @ 24% p.a., from the date of suit till realization. Consequently, I answer the point in affirmative.
11. POINT No.2 : In view of above discussion and finding, I pass the following :
ORDER The suit of the plaintiff is decreed with cost. The defendant is liable to pay to the plaintiff Rs.85,618/-with interest @ 24% p.a., from the date of suit till realization.
Draw decree accordingly.
(Dictated to the Stenographer, directly on computer and then corrected by me and pronounced in the open court, on this the 1st day of April 2015.) (Basavaraj Chengti) XVI ADDL.JUDGE, Court of Small Causes, BANGALORE.SCCH-14 8 SC No.1249/2014
ANNEXURE Witnesses examined on behalf of the plaintiff :
PW-1 T.S.Rama Murthy Witnesses examined on behalf of the defendants: NIL.
Documents exhibited on behalf of the plaintiffs:
Ex.P1 - Letter of Authority
Ex.P2 - Agreement dated 03.08.2011
Ex.P3 - Invoices (6 in nos.)
Ex.P4 - Statement of account with certificate
Ex.P5 - Copy of Legal Notice
Ex.P6 - Postal Receipt
Ex.P7 - Postal Cover
Ex.P8 - Advertisement Bill
Defendant's Nil
XVI ADDL.JUDGE,
Court of Small Causes,
BANGALORE.
SCCH-14 9 SC No.1249/2014
Dt.01.04.2015
P-PKV
D-Exparte
For Judgment
Judgment pronounced in open court vide separate judgment.
ORDER The suit of the plaintiff is decreed with cost. The defendant is liable to pay to the plaintiff Rs.85,618/-with interest @ 24% p.a., from the date of suit till realization.
Draw decree accordingly.
XVI ADDL.JUDGE, Court of Small Causes, SCCH-14 10 SC No.1249/2014 BANGALORE.SCCH-14 11 SC No.1249/2014
DECREE S.C.C.H.NO.14 IN THE COURT OF SMALL CAUSES COURT, AT BANGALORE.
S.C.No.1249/2014 PLAINTIFF: DTDC Courier and Cargo Ltd., No.269, 1st Main, Albert Victor Road, Chamarajpet, Bangalore-560018.
Represented by its Zonal Admin and Regional HR Manager, (By pleader Sri PKV) Vs. DEFENDANT/S : M/s Vega Zeal Marketing Pvt Ltd.
No.224, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore - 560082.
Repd by its Managing Director/Manager (Exparte) CLAIM: Suit filed on prays for directing defendant to pay a sum of Rs. with interest % , costs and such other reliefs.
This suit coming on for final disposal before Sri.Basavaraj Chengti., XVI ADDL.JUDGE, CSC, Bangalore, in the presence of Sri/Smt Advocate, for the plaintiff and Sri/Smt Advocate, for the defendant.SCCH-14 12 SC No.1249/2014
ORDER The suit of the plaintiff is decreed with cost. The defendant is liable to pay to the plaintiff Rs.85,618/- with interest @ 24% p.a., from the date of suit till realization.
And it is further ordered and decreed that defendant do pay to the plaintiff sum of Rupees being the amount of costs incurred in this suit, as by memorandum annexed with interest thereon at per cent per annum from this date unto the date of realization.
[ Given under my hand and the seal of the Court this Day of 2015.
DY. REGISTRAR, COURT OF SMALL CAUSES, Bangalore.
MORANDUM OF COST INCURRED IN THIS SUIT By the Plaintiff Defendant Court fee on plaint Court fee on power Court fee on exhibits Service of process + Postal charges Commissioner's fees Pleaders fee __________________________ Total of Rs. ___________________________ Amount payable by the defendant to the plaintiff is Rs.
Decree Drafted Scrutinised by DY. REGISTRAR, COURT OF SMALL CAUSES, BANGALORE.
Decree Clerk SHERISTEDAR
SCCH-14 13 SC No.1249/2014