Delhi District Court
Asha Devi vs Earth Square Developers P Ltd on 18 November, 2025
IN THE COURT OF SH. ARJUN KIRAR: CIVIL JUDGE
NORTH WEST: ROHINI COURTS: DELHI
CS No. 1531/22
CNR No. DLNW03-002724-2022
1. ASHA DEVI
W/o Deepak Kumar
2. DEEPAK KUMAR
S/o Budha Raj Pal
Both R/o RZH- 675, Gali no. 15,
Raj Nagar- 2, Palam Colony,
New Delhi- 110077 ....PLAINTIFFS
VERSUS
1. EARTH SQUARE DEVELOPERS PVT. LTD.
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018
2. SHOKAT (DIRECTOR)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018
3. MAQSOOD AHMED (DIRECTOR)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018
4. ABDUL RASHEED (DIRECTOR)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018
5. MOHD ASLAM (DIRECTOR)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
CS NO. 1531/22 PAGE NO. 1 OF 6
Sohna Road, Gurugram Gurgaon
Haryana- 122018
6. CHANGAEZ KHAN (DIRECTOR)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018
7. VINAY KUMAR (GENERAL MANAGER)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018
8. AJAY KUMAR @ AJAY JI (AGENT)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018
9. AQUIB ALI (AGENT/MONEY RECEIVER)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018
10. AJAY (AGENT)
Office at Unit no. 360, ground floor,
Tower B1 Spaze 1 Tech Park, Sector- 49,
Sohna Road, Gurugram Gurgaon
Haryana- 122018 .....DEFENDANTS
SUIT FOR RECOVERY
Date of institution : 11.11.2022
Date of decision : 18.11.2025
Final Order : Ex-parte decreed.
JUDGMENT
BRIEF FACTS:-
CS NO. 1531/22 PAGE NO. 2 OF 6
1. Brief facts of the case as per the plaintiff are that the plaintiff no. 1 is a house wife and her husband i.e, plaintiff no. 2 is a car driver in IGI Airport, Delhi. Defendant no. 1 is a private company whereas defendant no. 2 to 6 are directors and defendant no. 7 is general manager and rest of the defendants are agents and brokers. Plaintiff no. 2 met defendant no. 10 who represented that he is an agent in real estate Earth Square Pvt. Ltd. Co. i.e, defendant no. 1. He proposed plaintiff no. 2 to buy property in Sohna Road Nuh, Haryana. On 08.02.2021, plaintiff along with his friends Hariom and Pardeep were called by defendant no. 10 to see the location of the property. Upon the promise of defendant no. 8 to 10, token/bayana money of Rs.10,000/- was paid in advance to get the property i.e, Earth Square Phase I Plot no. S5, Plot Size 50 sq. yard with (rate of Rs.7,500/- sq. yard, total plot value Rs.3,75,500/-) in the name of his wife i.e, plaintiff no. 1. On 22.02.2021, plaintiff no. 2 on behalf of the plaintiff no. 1 paid Rs.80,000/- through cheque no.174759 dt. 22.02.2021 at the office of defendant no. 1 i.e, 301, 3rd floor, NDM-1, Netaji Subhash Place, Pitampura, Delhi- 110034. On 25.02.2021, the plaintiff no. 2 on behalf of plaintiff no. 1, paid Rs.30,000/- in the account of defendant no. 1 through online mode/phone pay. Defendant promised to provide registry and hand over possession after payment of 30% of total value of property. But, even after payment of more than 30%, the defendants denied for registry of said property on one pretext or the other. Plaintiff visited the defendant no. 1's office several times, but all in vain. Defendant no. 7 and 8 promised for the registry of property and took plaintiff to meet defendant no. 5 who was authorized director to register the property. The plaintiff was again forced to pay Rs.27,000/- in the name of registry and asked to transfer the said amount in the personal account of third person i.e, defendant no. 9. After a week, plaintiff contacted the directors, general managers and agents in their offices, but none paid heed; making the defendants liable for a sum of Rs.1,47,500/- towards plaintiff. Hence, the present suit.
CS NO. 1531/22 PAGE NO. 3 OF 6 SUMMONS:-
2. Upon service of summons, defendant no. 1 to 7 and 9 never appeared before the court. Defendant no. 8 and 10 appeared only once. No WS was filed by any of the defendant. Upon non-filing of WS, defence of the defendant was struck off v.o.d. 19.10.2023. Thereafter, the defendants were proceeded Ex-parte.
TRIAL:-
3. Evidence was led by the plaintiff and the plaintiff examined themselves as PW-1 and PW-2 vide affidavit Ex.PW1/A and Ex.PW2/A. They reiterated the contents of the plaint and relied on the following documents:-
(1) Ex. PW1/1 (OSR) (colly)- is copy of identity cards of the plaintiffs.
(2) Ex. PW1/2 (colly) ie. copy of company master data available in the website of Ministry of Corporate Affair and other visiting cards/identity of defendant are now de-exhibited and marked as Mark PW-1/2 (colly).
(3) Ex. PW1/3 (colly) ie. photocopy of documents of site plan and location of property is now de-exhibited and marked as Mark PW-1/3 (colly).
(4) Ex. PW1/4 - is original receipt of Rs.10,000/-. (5) Ex. PW1/5 - is original receipt of cheques bearing No.174759 of Rs.80,000/-.
(6) Ex. PW1/6 - is receipt of amount of Rs.30,000/- paid in the account of defendant through online mode/phone pay. (7) Ex. PW-1/7 (colly) is receipt of payment of Rs. 27,500/- to defendant alongwith Certificate u/s 65B of Indian Evidence Act.
4. The witnesses were not cross examined as the defendants were already ex-parte.
CS NO. 1531/22 PAGE NO. 4 OF 6
5. No other witness was examined and PE stood closed on 12.12.2024.
6. Arguments heard. Record perused.
FINDINGS AND ANALYSIS:-
7. The burden to prove its case was upon the plaintiff by virtue of Section 101 of the Indian Evidence Act,1872.
7.1 It is pertinent to mention that the fact that plaintiff's evidence in Ex-parte proceedings remained unchallenged and unrebutted does not mean that the case set up and the evidence adduced in support thereof would not be judicially scrutinized. The case set up by the plaintiff and the supporting evidence have to be tried and tested on the touchstone of rules of evidence and the other laws, just like any other case. No adverse inference can be drawn against the defendant on the mere premise that they suffered the proceedings Ex-parte. Decisions reported in Shiv Nandan Sachdeva (Sh.) vs. Smt. Ruby, 2009 V (Delhi) 55 and M. P. Narayan vs. Sm. Before Sudhadevi & Ors., AIR 1986 Cal. 256 can be referred to in this regard.
7.2 The plaintiffs examined themselves as PW-1 and PW-2 duly proved the contents of the plaint as well as documents relied upon by them. The testimony of PW-1 and PW-2 remained unchallenged and unrebutted. The testimony is further corroborated by the documents placed on record on behalf of the plaintiffs. The testimony of the plaintiffs has gone unchallenged on the aspect that the defendants are in dues of Rs.1,47,500/- towards the plaintiffs and the said amount is still outstanding against the defendants. There is nothing on record to disbelive the same. The suit is otherwise well within limitation. The unrebutted testimony of the witness stands proved.
CS NO. 1531/22 PAGE NO. 5 OF 6 7.3 Plaintiff has also claimed pendente-lite & future interest @
12% p.a. upon the amount due. In my opinion the interest claimed is on a higher side and interest @ 10% p.a. shall be sufficient to meet the ends of justice.
RELIEF:-
8. For the reasons assigned herein above, plaintiffs have successfully proved their case. A decree of recovery for a sum of Rs.1,47,500/- along with interest @ 10% p.a. from the date of institution till its actual realization is hereby passed in favor of the plaintiff and against the defendants.
No order as to cost.
Decree sheet be prepared accordingly.
File be consigned to record room after due compliance.
Digitally Announced in the open Court today.
signed by ARJUN ARJUN Date:
KIRAR KIRAR 2025.11.18 16:18:38 +0530 (Arjun Kirar) Civil Judge-N/W District Rohini Courts/18.11.2025 CS NO. 1531/22 PAGE NO. 6 OF 6