Delhi District Court
Yogesh Sahni vs S. R. Dudeja And Another on 3 October, 2024
In the Court of Shri Ajay Kumar Malik : Additional Senior Civil Judge of
South West District at Dwarka Courts, New Delhi
CS No. 851/23
CNR No. DLSW03-002048-2023
In the matter of:-
Yogesh Sahni
s/o Sh Dev Raj Sahni
r/o C6B-88, Janakpuri, New Delhi-110058.
......Plaintiff
VERSUS
1.S.R. Dudeja s/o Unknown r/o Krishna Xport 19/12 Choti Sabzi Mandi Janakpuri New Delhi-110058.
2. Harsh Dudeja s/o S.R Dudeja r/o Krishna Xport 19/12 Choti Sabzi Mandi Janakpuri New Delhi-110058.
......Defendants
Date of Institution : 19.07.2023
Reserved for Judgment : 03.10.2024
Date of Decision : 03.10.2024
EX PARTE JUDGMENT
Suit for Recovery of Rs. 30,000/-
1. This is a suit for recovery of Rs. 30,000/- (Rupees Thirty Thousand only) with pendente lite and future interest @ 18% p.a. from the date of institution of suit till its realization.
Plaintiff's Case CS No. 851/2023 Page no. 1 / 5
2. The brief facts of the case as averred in the plaint are that defendant posted on OLX (an online advertising platform) about sale of branded 5 star air conditioner claiming to be 'O General' brand product and after due assurance from the defendants purchased the air conditioner for an amount of Rs. 30,000/- on 01.01.2023. Defendant issued a warranty card for the aforesaid product and as per recommendation of defendants air conditioner was installed by Sh Daljeet Singh. During winter season air conditioner was not used by plaintiff but on 16.04.2023 when it was switched on for the first time, plaintiff was shocked to note that his new air conditioner is not working. Plaintiff immediately messaged the defendants and repeatedly requested the defendant to get the air conditioner repaired but defendant failed to respond to the requests of plaintiff. On investigation plaintiff came to know that the air conditioner sold by defendant was duplicate and there are many other victims who are cheated by defendant. On 28.04.2023 plaintiff dismantled the impugned product and returned it to the defendant at his shop and defendant reluctantly promised to give refund and take possession of the product. Thereafter, defendant no. 1 wrote a promissory note over his visiting card that he will return the amount against the air conditioner on 04.05.2023 but on 04.05.2023 defendant requested the plaintiff to come on next day for refund of payment i.e. 05.05.2023. On 05.05.2023 defendant betrayed the plaintiff and closed his shop. Despite several requests of plaintiff, defendant failed to return the amount against the air conditioner and thus, betrayed and cheated the plaintiff. Thereafter, plaintiff issued a legal notice dated 11.05.2023 and 03.07.2023 upon the defendants through registered AD/Speed Post, which was duly served upon the defendants but defendants neither reply the legal notice nor repaid the CS No. 851/2023 Page no. 2 / 5 amount against the air conditioner to plaintiff. Hence, the present suit.
Defendant's Case
3. Defendant was served on 02.09.2023 but defendant failed to appear in the court and file WS within prescribed period, despite various opportunities. Hence, right to file WS of defendant was closed on 06.01.2024 and thereafter, defendant was proceeded ex parte vide order dated 03.10.2024.
Plaintiff's evidence
4. Plaintiff was examined as PW1, who in his affidavit by way of evidence Ex.PW1/A reiterated on oath the contents of the plaint. He has relied upon the following documents:
a. Ex. PW-1/1(OSR) is copy of Aadhar card.
b. Ex. PW-1/2 is screenshot of OLX advertisement.
c. Ex. PW-1/3 is warranty card.
d. Ex. PW-1/4 are whatsapp chat with defendant.
e. Ex. PW-1/5(colly) are photographs of the air conditioner sold by
defendant.
f. Ex. PW-1/6 is handwritten note by defendant no. 1.
g. Ex. PW-1/7(colly) is legal notice sent to defendants.
h. Mark-A is postal receipt and tracking report of the legal notice
sent to defendants.
i. Ex. PW-1/8 is video recording by plaintiff.
j. Ex. PW-1/9 is certificate U/s 63 BSA, 2023.
5. Plaintiff closed his ex parte PE on 03.10.2024 and thereafter, final arguments were addressed by Ld counsel for plaintiff.
CS No. 851/2023 Page no. 3 / 56. I have gone through the judicial record. Now I shall give my findings.
7. Findings In order to prove the case, the plaintiff got examined himself as PW-1. PW-1 has relied upon Ex. PW-1/A which is his affidavit and Ex.PW- 1/1(OSR) is copy of Aadhar Card. Ex. PW-1/2 is Screen sheet of OLX advertisement posted by defendant. Ex. PW-1/3 is warranty card assuring the product is of genuine quality. Ex. PW-1/4 are whatsapp chat to defendant. Ex. PW-1/5(colly) are photographs of the air conditioner sold by defendant. Ex. PW-1/6 is handwritten note by defendant no. 1 promising to refund the amount of Rs. 30,000/- to plaintiff. Ex. PW-1/7(colly) is legal notice sent to defendants by plaintiff. Ex. PW-1/8 is video recording by plaintiff. Ex. PW-1/9 is certificate U/s 63 BSA, 2023 is the affidavit of plaintiff in support of Ex. PW-1/2, Ex. PW1/4 and Ex. PW-1/5 relied upon by plaintiff.
Since the defendant is ex parte, the testimony of PW-1 stands unrebutted. Hence, it stands proved from the documents on record and the testimony of the plaintiff witness i.e. PW-1 that the defendants are liable to make the payment of loan amount of Rs. 30,000/- to plaintiff.
8. In view of the aforesaid discussion, the suit of the plaintiff is decreed. Plaintiff is entitled to a decree of recovery for outstanding amount of Rs. 30,000/- along with pendent-lite and future interest at the rate of 12% per annum with effect from date of filing of suit till its realization thereof against the defendant.
CS No. 851/2023 Page no. 4 / 5Cost of the suit awarded in favour of the plaintiff and against the defendant.
Decree sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
Digitally signedAjay by Ajay Kumar Malik Announced in the Open Court Kumar Date:
on 03.10.2024 Malik 2024.10.03
16:05:48 +0530
(Ajay Kumar Malik)
ASCJ cum JSCC cum Guardian Judge
Dwarka Courts: New Delhi
CS No. 851/2023 Page no. 5 / 5