Delhi District Court
State Bank Of India vs Smt. Meera Singh on 5 May, 2018
IN THE COURT OF SH. SANJEEV KUMAR, ADDITIONAL DISTRICT JUDGE12, TIS
HAZARI COURTS, DELHI
Suit No. 19042/2016
State Bank of India,
A Body Corporate Constituted under
The State Bank of India Act,
Having its Corporate Center at
Madame Cama Road, Nariman Point, Mumbai.
Having its Local Head Office at,
11,Sansad Marg, New Delhi - 110001.
RACPC situated at : A5, Pearl Best Height1,
Netaji Subhash Palace, New Delhi.
Through Chief Manager,
Sh. Ashok Kumar Fotedar. .... Plaintiff.
Versus
Smt. Meera Singh,
W/o Sh. Ramanand,
R/o B1/76, B1 Block,
Vijay Enclave, Delhi 110045. .... Defendant.
SUIT FOR RECOVERY OF RS. 4,44,444/.
Date of Institution : 29.07.2016
Date of reserving Judgment : 23.04.2018
Date of pronouncement : 05.05.2018
Suit No. 19042/16 Page No. 1 of 6.
JUDGMENT
This Judgment shall dispose off the suit for recovery of Rs. 4,44,444/ along with pendente lite and future interest @ 10.05% per annum filed by the plaintiff against the defendant.
2. Brief facts of the case are that the plaintiff is a body corporate constituted under the State Bank of India Act, 1955 having its Corporate Center at Madame Cama Road, Nariman Point Mumbai having its local Head Office at 11, Sansad Marg, New Delhi - 110001. The present suit has been filed by Sh. Ashok Kumar Fotedar, Chief Manager in State Bank of India, RACAP situated at A5, Pearl Best Height1, Netaji Subhash Palace, New Delhi who has been duly authorized to file the present suit under General Regulation of State Bank of India General Regulations, 1955.
The defendant approached the plaintiff bank seeking the car loan facility. Upon the request of the defendant, a car loan of Rs. 5,50,000/ bearing car loan account No. 32960202859 was sanctioned, lend and disbursed by the plaintiff bank and availed by the defendant on 25.4.2013 for purchase of vehicle namely, FORD FIGO 1.4. In pursuance of the application of the defendants, the following documents were executed :
Suit No. 19042/16 Page No. 2 of 6.
i. Car loan application.
ii. Arrangement letter dated 25.4.2013.
iii. Loan cum hypothecation agreement dated 25.4.2013. iv. Vehicle delivery letter.
v. Annexure CarI. vi. Annexure CarVIII dated 25.4.2013.
vii. Operation letter dated 25.4.2013.
viii. Undertaking.
ix. Standing instructions dated 10.5.2013.
The said loan was agreed by the defendant to be paid in EMIs of Rs. 9,259/ @ 10.45% per annum with monthly rest. The number was subject to change depending upon the change in the rate of interest and in their debits raised in the account. The first EMI was payable from 25.5.2013 and the subsequent were payable on the said date of each succeeding month.
The defendant failed and neglected to pay the installments and consequently failed to observe the terms and conditions on which the plaintiff granted the car loan to him. The defendant lastly deposited installment of sum of Rs. 10,000/ on 7.1.2016 in her loan account. Upon persistent defaults, the defendants were served with a legal notice dated 18.6.2016 but no response to said notice was there from the said defendant.
Suit No. 19042/16 Page No. 3 of 6.
After giving all credits for all the amounts paid, an amount of Rs. 4,44,444/ stands due and for the recovery of the same the present suit has been filed.
3. The defendant was served by way of publication. Despite that she has not appeared before this court and she was directed to be proceeded against exparte vide order dated 3.4.2017 passed by the Ld. Predecessor. Thereafter, the matter was listed for exparte evidence of the plaintiff.
4. In exparte plaintiff evidence, the plaintiff bank has examined Sh. Rajesh Kumar Garg, Chief Manager of the plaintiff bank as PW1 who in his examination in chief relied upon the documents Ex. PW1/1 to Ex. PW1/16 and Mark A to Mark D. Thereafter, the exparte plaintiff evidence was closed and the matter was listed for final arguments.
5. I have heard final arguments on behalf of the plaintiff and have carefully gone through the case file.
6. In order to prove its case, the plaintiff has examined Sh. Rajesh Kumar, Chief Manager as PW1. PW1, in his evidence by way of affidavit has deposed on the same lines as stated in the plaint. He has proved following documents :
1. Certified true copy of Gazette notification as Ex. PW1/1.
Suit No. 19042/16 Page No. 4 of 6.
2. Car loan application as Ex. PW1/2.
3. Arrangement letter dated 25.4.2013 as Ex. PW1/3.
4. Loan cum hypothecation agreement dated 25.4.2013 as Ex. PW1/4.
5. Vehicle delivery letter as Ex. PW1/5.
6. Annexure CarI as Ex. PW1/6.
7. Annexure CarVIII dated 25.4.2013 as Ex. PW1/7.
8. Operation letter dated 25.4.2013 as Ex. PW1/8.
9. Undertaking as Ex. PW1/9.
10.Standing instructions dated 10.5.2013 as Ex. PW1/10.
11.Copy of legal notice as Ex. PW1/11 and its postal receipt as Ex. PW1/12 with courier receipt as Ex. PW1/13.
12.Statement of account as Ex. PW1/14 (Colly.).
13.Certificate of accrued interest as Ex. PW1/15.
14.Certificate under Section 65B of Indian Evidence Act as Ex. PW1/16.
15.Photocopy of performa invoice as Mark A.
16.Copy of insurance policy of vehicle as Mark B.
17.Copy of PAN of defendant as Mark C.
18.Copy of election I Card of defendant as Mark D.
7. Since the defendant was proceeded exparte therefore, the testimony of Suit No. 19042/16 Page No. 5 of 6.
PW1 remained unrebutted. Hence, from the unrebutted testimony of PW1, the plaintiff has proved its case that defendant has taken a loan of Rs. 5,50,000/ and has failed to pay the same as per schedule and a sum of Rs. 4,44,444/ was due towards the defendant on the date of filing of the suit i.e. 29.7.2016. Hence, I pass a decree of a sum of Rs. 4,44,444/ in favour of the plaintiff bank along with interest @ 10% per annum from the date of filing of the suit till its realization. Plaintiff is also entitled to the costs of the suit. Decree sheet be prepared accordingly. File be consigned to record room after necessary compliance.
Announced in the open Court on 05.05.2018 ( Sanjeev Kumar) Additional District Judge12,(Central), Tis Hazari Courts, Delhi 05.05.2018.
Suit No. 19042/16 Page No. 6 of 6.