Bangalore District Court
M/S. Matrix Cellular(International) ... vs Md.Aslam on 7 January, 2015
BEFORE Ist ADDL. JUDGE, COURT OF SMALL CAUSES, BANGALORE.
(SCCH-11)
DATED THIS 7th DAY OF JANUARY, 2015
PRESENT: SRI. GANAPATI GURUSIDDA BADAMI, B.A,,LL.B (SPL).
I ADDL.SMALL CAUSES JUDGE & XXVII ACMM
SC.1628/2013
PLAINTIFF: M/s. Matrix Cellular(International) Services Pvt. Ltd.,
No.95, 17th B Main road,
Koramangala,
Bangalore - 560 095.
Represented by its
Senior Executive (Legal)
Mr.Vikas Suresh Kale
(By pleader - Bannidinni)
- V/S -
DEFENDANTS: Md.Aslam,
F.No.610, Dynasty Apartments,
2nd Cross, Valencia,
Mangalore City 575 002.
(Exparte)
JUDGMENT
Plaintiff has filed this suit against the defendant seeking the relief for recovery of money.
2. It is averred in the plaint that Plaintiff is a company carrying on the business of international mobile connections in the name 2 SC 1628/2013 (SCCH-11) and style of Matrix Cellular (International) Services Private Ltd., having its registered office at No.7, Khullar Farms, 140, Mandi Road, Mehrauli, New Delhi incorporated under the provisions of Indian Companies Act and Branch Office in the address mentioned in the cause title of the plaint. Mr.Vikas Suresh Kale, Senior Executive (Legal) is authorized by the company to represent the company in this matter and copy of certificate of incorporation has been issued by the Registrar of companies N.C.T. Delhi and Haryana is produced before this court. The defendant had applied for international Mobile Connection in Bangalore and procured the standard application form containing the terms and conditions regarding the usage of said connection. After being with satisfied the terms and conditions, the defendant had applied for hiring mobile connection and categorically signed a statement that he has read and understood the terms and conditions of the agreement form and agreed to abide by them. Plaintiff provided service of international mobile service under the agreement No.T1000088193 account code 612540 and mobile No.0818295754 while defendant was in Thailand. The defendant is liable to pay Rs.34,425/- and inspite of same, the defendant has not paid said amount. Plaintiff issued legal notice on 17.01.2013 calling upon the 3 SC 1628/2013 (SCCH-11) defendant has not paid said amount along with interest at the rate of 18% p.a., But the defendant has failed to reply to the legal notice and he has not complied to the demands made in the notice. Hence, the plaintiff is constrained to file this suit.
3. The suit summons issued to the defendant is returned with endorsement as not claimed which is deemed to be served and defendant has not appeared and contested the suit of the plaintiff. Hence, he has been placed exparte.
4. Authorised signatory of the plaintiff himself got examined as PW.1 and got marked Ex.P.1 to 6 and closed his evidence.
5. Though sufficient time has been granted to the plaintiff, he has not addressed arguments. Hence plaintiff side arguments are taken as not addressed and same is taken for disposal on merits.
6. The following points that arise for my consideration are:
1) Whether the plaintiff proves that, it had provided service of international mobile under agreement No. No.T1000088193 account code 612540 and mobile No.0818295754 while defendant was in Thailand and 4 SC 1628/2013 (SCCH-11) defendant agreed to the terms and conditions of agreement and executed documents and he has not paid Rs.34,425/- towards usage of mobile services inspite of issuing legal notice?
2) Whether the plaintiff is entitled to recover Rs.34,425/-? If so, at what rate of interest?
3) What order or decree?
7. My findings on the above points are as under:
Point No.1 : In the affirmative;
Point No.2 : Partly affirmative;
Point No.3 : As per final order, for the following :
R E A S O N S
8. POINTS NO.1: PW1 has stated in his evidence that, the defendant had applied for international Mobile Connection in Bangalore and procured the standard application form containing the terms and conditions regarding the usage of said connection. He has also stated that, after being satisfied with the terms and conditions, the defendant had applied for hiring mobile connection and categorically signed a statement that he has read and understood the terms and conditions of 5 SC 1628/2013 (SCCH-11) the agreement form and agreed to abide by them. He has also stated that, plaintiff provided service of international mobile service under agreement No.T1000088193 account code 612540 and mobile No.0818295754 while defendant was in Thailand. The defendant is liable to pay Rs.34,425/- for usage of international mobile service. He has also stated that, inspite of several requests and demands, the defendant has failed to Rs.34,425/- and inspite of same, the defendant has not paid said amount. He has also stated that, plaintiff issued legal notice on 17.01.2013 calling upon the defendant to pay the said amount along with interest at the rate of 18% per annum, but the defendant has failed to reply to the legal notice.
9. The plaintiff has produced agreement form executed by the defendant and as per said document, the defendant availed service of international mobile service and agreed to the terms and conditions of plaintiff and executed the said document. Plaintiff has also produced tariff sheet and call details charges which are marked as Ex.P.3 and 4 and as per said documents, the defendant has to pay Rs.34,425/- for international calls. Plaintiff has also produced office copy of legal notice 6 SC 1628/2013 (SCCH-11) and postal receipt about issuance of legal notice to the defendant calling upon him to pay the amount of international call charges.
10. On perusal of oral and documentary evidence on record, it reveals that, the defendant availed international mobile service from the plaintiff and he has not paid call charges of Rs.34,425/- to the plaintiff and plaintiff has issued legal notice to the defendant and inspite of issurance of legal notice, the defendant has not complied to the terms of legal notice. The oral evidence of PW.1 has remained unchallenged and it is supported by the documentary evidence. So I answered point No.1 in affirmative.
11. POINT NO.2: Inview of the discussion of point No.1 in detail, I hold that, plaintiff is entitled to recover Rs.34,425/- from the defendant. But the plaintiff has claimed interest at the rate of 18% per annum, which is too exhorbitant one. So, I feel just and proper to award the interest @ 6% p.a. from the date of suit till its realisation, which will meet the ends of justice. So, I answer point No.2 partly in the affirmative.
7 SC 1628/2013 (SCCH-11)
12. POINT No.3: In view of answer to points No.1 and 2, I proceed to pass the following:
O R D E R The suit of plaintiff is hereby decreed with costs.
The plaintiff is entitled to recover the amount of Rs.34,425/- from defendant, along with interest @ 6% p.a. from the date of suit till its realisation.
The defendant shall pay the said amount within 4 equal monthly installment without fail.
Draw decree accordingly.
(Typed to my dictation directly over computer by Stenographer and corrected by me, then pronounced in Open court on this 7th day of January, 2015.) (GANAPATI GURUSIDDA BADAMI) I ADDL.SMALL CAUSES JUDGE & XXVII ACMM A N N E X U R E LIST OF WITNESS EXAMINED ON BEHALF OF PLAINTIFF:
PW.1 - Sri. Udaykumar K. S/o Kuppaswamy
8 SC 1628/2013 (SCCH-11)
LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENDANTS:
- NIL -
LIST OF EXHIBITS MARKED ON BEHALF OF PLAINTIFF: Ex.P.1 - Authorisation letter Ex.P.2 - Customer agreement form Ex.P.3 - Ledger account extract Ex.P.4 - Telephone call bill Ex.P.5 - Office copy of legal notice Ex.P.6 - One postal receipt LIST OF EXHIBITS MARKED ON BEHALF OF DEFENDANTS:
- NIL -
I ADDL.SMALL CAUSES JUDGE & XXVII ACMM