Bangalore District Court
M/S Matrix Cellular (International) vs Neeta Ravindra Inamdar on 13 January, 2016
IN THE COURT OF SMALL CAUSES (SCCH-23)
AT BENGALURU
DATED THIS THE 13th DAY OF JANUARY 2016
PRESENT: SMT. M.Rashmi, LLB, LLM.,
XXI ADDL. SCJ & XIX ACMM
MEMBER - MACT
BANGALORE
S.C No.1100 of 2015
PLAINTIFF: M/s Matrix Cellular (International)
Services Pvt. Ltd., a company
registered under the Companies
Act, 1956 and having its branch
office at No.95, 17th B
Main Road, Koramangala,
Bangalore - 560095.
Represented by its Executive
Mr.K.Uday Kumar.
(By Sri Kashyap.N.Naik, Advocate)
Vs.
DEFENDANT: Neeta Ravindra Inamdar,
W/o Ravindra Anant Rao Inamdar,
R/at Flat No.301, 'A' Wing,
Archana Arcade, near Varun Plastics,
Kunjibettu, Udupi - 576102.
(By Sri K.Prasanna Shetty, Advocate)
Date of Institution of the suit : 15.09.2015
Nature of the suit (suit on pronote, : Recovery of money
2 Sc.No.1100/2015
SCCH-23
Suit for declaration and possession
Suit for junction, etc.):
Date of commencement of : 08.01.2016
recording of the evidence
Date on which the Judgment : 13.01.2016
was pronounced
Total Duration Years Month/s Days
01 04 28
XXI Additional Judge
JUDGMENT
This suit is filed by plaintiff for recovery of Rs.33,957/- from the defendant with future rate of interest at 18% p.a from the date of suit till realisation, for costs and such other relief.
2. It is the case of the plaintiff that it is a company carrying out business of International Mobile Connection in the name and style Matrix Cellular (International Services Pvt. Ltd.) . The defendant had applied for International Mobile Connection and had procured standard customer agreement form containing the terms and conditions regarding usage for the said connection. The account code is 420441, agreement number is D210968, 3 Sc.No.1100/2015 SCCH-23 mobile No.07550048317 and country of usage is United Kingdom. The defendant has failed to pay Rs.33,957/- towards several bills even after repeated demands and issue of legal notice dated 27.05.2013. Hence this suit.
3. Even though the defendant has put up his appearance has not field the written statement. Hence written statement is taken as not filed.
4. On the basis of pleadings, the point for consideration is:
1. Whether plaintiff proves that defendant is jointly and severally liable to pay Rs.33,957/- as with future rate of interest at the rate of 18% p.a for the date of filing of the suit till the date of realisation?
2. What order?
5. My findings on the above points are as under:
Point No.1: In the Affirmative Point No.2: As per final order for the following:
REASONS
6. Point No.1: It is the case of the plaintiff that it is a company carrying out business of International Mobile Connection 4 Sc.No.1100/2015 SCCH-23 in the name and style Matrix Cellular (International Services Pvt. Ltd.). The defendant had applied for International Mobile Connection and had procured standard customer agreement form containing the terms and conditions regarding usage for the said connection. The account code is 420441, agreement number is D210968, mobile No.07550048317 and country of usage is United Kingdom. The defendant has failed to pay Rs.33,957/- towards several bills even after repeated demands and issue of legal notice dated 27.05.2013. Hence this suit.
7. In support of the plaintiff case one Nazeer who is the Authorised Signatory has been examined as PW-1. In his affidavit filed in lieu of examination chief he has reiterated facts stated in the plaint. He has got furnished 7 documents namely letter of authorization, certificate of incorporation, agreement form, 65 certificate bill and call records, account ledger, legal notice dated 25.07.2015 and postal receipt.
8. On considering the oral and documentary evidence placed before court, it is pertinent for me to note that the stand 5 Sc.No.1100/2015 SCCH-23 taken by the plaintiff has not been rebutted before this court. As such from the documents placed before the court I am of the considered view that defendant is paid Rs.33,957/- with interest at the rate of 8%. Hence, Point No.1 is answered in Affirmative.
9. Point No.2: On the basis of discussions made on supra, I proceed to pass the following:
ORDER The suit of plaintiff is decreed with cost.
The defendant is directed to pay Rs.33,957/- with interest at the rate of 8% p.a, from the due date till its realisation to the plaintiff.
Draw decree accordingly.
(Dictated to the stenographer, transcript thereof is corrected and then pronounced by me in the Open Court on this the 13th day of January 2016) (M.RASHMI) XXI ADDL. SMALL CAUSES JUDGE 6 Sc.No.1100/2015 SCCH-23 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFF PW-1: Nazeer LIST OF DOCUMENTS MARKED ON BEHALF OF THE PLAINTIFF:
Ex.P-1: Letter of authorization Ex.P-2: Certificate of ENC Ex.P-3: Agreement form Ex.P-4: 65 certificate bill and call record Ex.P-5: Account ledger Ex.P-6: Legal notice dated 25.07.2015 Ex.P-7: Postal receipt LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT None LIST OF DOCUMENTS MARKED ON BEHALF OF THE DEFENDANT Nil (M.RASHMI) XXI ADDL. SMALL CAUSES JUDGE