Delhi District Court
Maneet Bhardwaj vs Anand Handa on 24 February, 2025
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IN THE COURT OF MS.DISHA SINGH, CIVIL JUDGE-02,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
SUIT NO.1827/2022
CNR NO. DLWT03-003330-2022
In the matter between:-
Ms. Maneet Bhardwaj
W/o Sh. Abhishek Bhardwaj
R/o J-1/7, Krishna Nagar,
Delhi-110051.
........................PLAINTIFF
VERSUS
Sh. Anand Handa
Prop. of Handa's Academy
Having office at A-1, Basement,
Kirti Nagar, New Delhi-110015
Also R/o C-100, Shiwalik,
Malviya Nagar, New Delhi.
....................DEFENDANT
Date of institution of the suit - 28.11.2022
Date of reservation of Judgment - 24.02.2025
Date of decision - 24.02.2025
SUIT FOR RECOVERY OF RS. 1,11,600/- (RUPEES ONE
LAKH ELEVEN THOUSAND AND SIX HUNDRED ONLY)
WITH FUTURE AND PENDENTE LITE INTEREST
Suit No.1827/2022 Maneet Bhardwaj Vs. Anand Handa Page No. 1/8
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EX-PARTE JUDGMENT :-
By this ex-parte judgment, this Court shall adjudicate
a suit for recovery of Rs.1,11,600/- along with pendente lite and
future interest @ 8% p.a. filed by the plaintiff against the
defendants.
Pleadings of the plaintiff :-
1.The brief facts of the case as per the plaint are that the defendant is running a coaching institute/academy in Kirti Nagar, Delhi and he had assured the plaintiff that he will arrange the admission of plaintiff in B.Ed. Course, as the plaintiff was interested to get the admission in B.Ed course. Accordingly, the defendant had received a sum of Rs.90,000/- for the fee of B.Ed course in the university of Chaudhary Ranbeer Singh University, Jhajjar, Haryana or Mahirishi Dayanand University, Rohtak, Haryana. That Rs.80,000/- were paid to the defendant on 05.04.2018 against proper receipt and further a sum of Rs.10,000/- were paid to him via Paytm wallet on 05.05.2019. That the payment were made to the defendant with a clear understanding of confirm admission, otherwise, the defendant would refund the payment of the plaintiff.
2. It has been further averred that thereafter the defendant advised the plaintiff to remain rest assured regarding getting the admission in B.Ed course but later on the plaintiff came to know that the name of the plaintiff was not in the list of admitted student in the B.Ed course.
Suit No.1827/2022 Maneet Bhardwaj Vs. Anand Handa Page No. 2/8- 3 -
Accordingly, the plaintiff demanded her amount back from the defendant. That when the plaintiff demanded her money back, the defendant issued a cheque bearing no.000533, drawn on ICICI Bank, south ex branch, New Delhi, vide dated 15.09.2019 in favour of the plaintiff amounting Rs.50,000/- and further the defendant requested the plaintiff for making the payment of balance Rs.40,000/- within short period of time. That the defendant assured the plaintiff that the cheque will be encashed on presentation. That when the plaintiff presented the cheque in her bank i.e. HDFC Bank Ltd. Krishna Nagar, Delhi but the same returned with the remark 'insufficient fund' vide returning memo dated 31.10.2019.
3. It has been further averred that when the plaintiff enquired the defendant about the same, the defendant then expressed his apologies and told the plaintiff to present the said cheque again in the last week of November'2019. That the plaintiff again presented the said cheque but the same again returned unpaid with the same remark vide returning memo dated 26.11.2019. That since then the plaintiff and her father-in-law have met the defendant several time but he did not make the payment. That father-in-law of plaintiff namely Sh. Rakesh Bhardwaj also talked with the defendant in this respect and several conversation on whatsapp has also been done by the defendant, wherein the defendant has admitted his liability.
4. It has been further averred that in such circumstances the Suit No.1827/2022 Maneet Bhardwaj Vs. Anand Handa Page No. 3/8
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plaintiff got issued a legal notice in writing to the defendant through her counsel on 05.12.2019 through speed post and by registered post on 06.12.2019. that the same returned back to the plaintiff's counsel, however, the envelops were found to be opened by the defendant. That thereafter the plaintiff filed a case U/s 138 NI Act before the Ld. MM, Karkardooma Courts on the basis of the returned cheque. Hence, bereft of any option plaintiff filed the present suit against the defendant for recovery.
5. The defendant was duly served with summons for settlement of issues through publication in newspaper on 01.06.2023. However, as the defendant had not appeared in this matter even once despite service of summons nor any WS was filed and since the statutory period to file WS had already expired, the right of the defendant to file the WS was closed on 04.07.2023 and accordingly, defendant was proceeded ex-parte vide order dated 31.08.2023. Henceforth, the plaintiff was directed to file the list of witnesses along with the evidence affidavit to lead PE and prove her case.
6. Ex-parte evidence was led by the plaintiff. In ex-parte evidence in order to prove her case the plaintiff got examined herself as PW-1. PW-1 tendered her evidence by way of affidavit Ex.PW-1 and reiterated and reaffirmed the facts mentioned in the plaint on oath. Certain documents were also exhibited which are as under :-
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Identification Description
Mark
Mark A Copy of payment receipt of Rs.80,000/-
paid by plaintiff to defendant.
Mark B Copy of paytm receipt of Rs.10,000/-
paid by plaintiff to the defendant.
Ex.PW-1/C Certified copy of cheque bearing no.
000533 dated 15.09.2019 paid by
defendant to plaintiff.
Ex.PW-1/D Certified copy of return memo dated
26.11.2019 of above stated cheque
Ex.PW-1/E Certified copy of legal notice dated
05.12.2019 to the defendant.
ExPW-1/F Certified copy of postal receipts dated
06.12.2019
Mark G Copy of whatsapp chats between
plaintiff and defendant.
(colly)
Ex.PW1/H Certified copy of complaint under section
138 NI Act.
Thereafter ex-parte PE was closed vide order dated 23.12.2023 and the matter was proceeded for ex-parte final arguments.
7. The arguments have been heard on behalf of plaintiff side and the pleadings along with the documents and evidence led has been carefully perused by this Court.
8. The brief case of the plaintiff is that plaintiff had given a sum of Rs.90,000/- to the defendant, who was running a Suit No.1827/2022 Maneet Bhardwaj Vs. Anand Handa Page No. 5/8
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coaching institute in the name of Handa's Academy towards fee for admission in B.Ed. Course in Chaudhary Ranbir Singh University, Haryana or Maharishi Dayanand University, Haryana vide payment receipt Mark-A and Paytm receipt Mark-B. However, the name of the plaintiff was not selected for the admission and the defendant issued a cheque bearing no.000533 drawn on ICICI Bank, South- Ex Branch dated 15.09.2019 towards part payment for a sum of Rs.50,000/- and same is tendered as Ex.PW-1/C. That it was further promised by the defendant that remaining Rs.40,000/- will be paid shortly. However, upon the presentation of the cheque, the same was returned dishonored with remark 'fund insufficient' vide return memo dated 31.10.2019. That upon assurance of the defendant, the said cheque was presented again and the same was returned dishonored again vide return memo dated 26.11.2019 i.e. Ex.PW-1/D with remark 'fund insufficient'. That the plainitff has also filed a complaint case against the defendant before the Ld. MM Court, N.I. Act, Karkardooma Courts, Delhi. The certified copy of the complaint is Ex.PW-1/H. The certified copy of the legal notice dated 05.12.2019 and postal receipts are Ex.PW-1/E and PW-1/F. It is pertinent to mention that the present suit has been instituted before this Court as the cause of action has arisen within the jurisdiction of this Court.
9. It is pertinent to mention that the defendant was served in the present matter through publication in newspaper 'Punjab Kesri' dated 01.06.2023. However, defendant did Suit No.1827/2022 Maneet Bhardwaj Vs. Anand Handa Page No. 6/8
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not join the proceedings and the right of defendant to file WS was closed vide order dated 04.07.2023 and defendant was proceeded ex-parte vide order dated 31.08.2023. The defendant is deemed to have admitted the case of the plaintiff by virtue of provision enshrined U/O 8 Rule 5 r/w Rule 10 CPC. That accordingly, the plaintiff was called upon to prove her case by leading evidences and the same was duly done by the plaintiff. That the testimony of the plaintiff witness has gone unchallenged and unrebutted since defendant has never joined the present proceedings even to cross-examine the plaintiff witness. Thus, the plaintiff has proved her case on the scale of preponderance of probabilities.
10. At this stage, it is further pertinent to mention that plaintiff has instituted the present suit seeking recovery of Rs.1,11,600, out of which Rs.90,000/- is the principle amount and a sum of Rs.21,600/- is towards pre-litigation interest @ 8% per annum. However, it is pertinent to mention that plaintiff has not placed any document showing any such agreement between the parties with respect to the interest or any rate of interest. It is further pertinent to mention that as far as principal sum of Rs.90,000/- is concerned, the plaintiff has not proved the documents i.e. the payment receipt and Paytm receipt i.e. Mark-A and Mark-B by placing on record mandatory Certificate U/s 63 of the Bhartiya Sakshya Adhiniyam. As such, the only case which the plaintiff has been able to prove is on the basis of the certified copy of the complaint Suit No.1827/2022 Maneet Bhardwaj Vs. Anand Handa Page No. 7/8
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case made before the Ld. MM, NI Act, Karkardooma Courts. At this stage it is further pertinent to mention that the plaintiff has not sought any pendente lite and future interest in the prayer clause of the present suit.
11. Accordingly, the suit is decreed in favour of plaintiff and against the defendant, and following reliefs are granted to the plaintiff:-
(a) Plaintiff is entitled to a decree of recovery of money for the sum of Rs.50,000/- from the defendant;
(b) Cost of the suit.
Decree sheet be prepared accordingly.
File be consigned to record room after completing the necessary formalities Digitally signed DISHA by DISHA SINGH SINGH 2025.02.24 Date:
17:07:47 +0530 (This judgment contains 8 pages and each (DISHA SINGH) page has been signed by the undersigned) Civil Judge-02, West, Announced in the open Tis Hazari Courts, Delhi Court on 24.02.2025 Suit No.1827/2022 Maneet Bhardwaj Vs. Anand Handa Page No. 8/8