Delhi District Court
Agni Suraksha Electronics Services vs Fire Net Ceasefire Solutions (Red) on 8 February, 2022
IN THE COURT OF Ms. SAUMYA CHAUHAN, SENIOR CIVIL JUDGECUM
RENT CONTROLLER (EAST): DELHI
CNR No.DLET030000412016
CS No.: 8067/16
Agni Suraksha Electronics Services
Through its prop.Sh.Anup Jaiswal
registered office at 301, plot no.7,
3rd floor, Aggarwal Tower LSCII,
Patparganj, Fazalpur, Delhi110092 .........Plaintiff
Versus
Fire Net Ceasefire Solutions (RED)
Through its prop. Sh.Sudhanshu Panda
102. Rounak Tower, Vakuntdham,
Khajrana main road, near Anand Bazar
Square, Indore (MP) ....... Defendant
Date of Institution : 11.01.2016
Date of reserving of judgment : 10.12.2021
Date of pronouncement of Judgment : 08.02.2022
EXPARTE JUDGMENT
1.By this judgment, this court shall decide the present suit for recovery of Rs.83,285/ alongwith interest.
2. Briefly stated facts as per the plaint are that the plaintiff is a proprietorship firm, a manufacturer and the supplier of the fire alarm system product. The present suit has been filed through the AR Sh.Kishan Kumar Singh, Manager, HR of the plaintiff firm. It is the case of the defendant had approached the plaintiff at its registered office at Patparganj in the first week of September, 2013 and placed an order for supply the fire alarm system CS No.8067/16 Page 1 of 4 product. The defendant credited Rs.50,000/ as advanced payment in the account of the plaintiff on 03.09.2013. Accordingly, the plaintiff sent the materials of the fire alarm system product to the defendant on 04.09.2013 through retail invoices for the sum of Rs.1,20,845/ to the defendant.
3. It is further been stated that defendant after receiving the material dated 04.09.2013 had not made any payment to the plaintiff and withheld the amount of the sum of Rs.83,285/ of the plaintiff. Despite various requests made by the plaintiff by way of telephonic conversation to the defendant for making the payment, the defendant did not pay any heed nor he made the payment.. Hence, the plaintiff has filed present suit for a sum of Rs.83,285/ alongwith interest @ 12% per annum from the date of filing of the suit. It is pertinent to mention here that it was submitted by counsel for the plaintiff that Rs.30,000/ had received from the defendant after filing of this suit.
4. Summons were issued and served upon the defendant by way of publication in newspaper "Rashtriya Sahara" 20th September 2019. However, despite service, no one had appeared on behalf of the defendant nor any Written statement was filed. Hence, the suit was proceeded exparte against the defendant by order dated 02.12.2020 and the matter was listed for exparte PE.
5. To lead exparte evidence, Mr. Krishan Kumar Singh, AR of the plaintiff firm entered the witness box and tendered his evidence affidavit as Ex.PW1/A. He reiterated the averments made in the plaint and relied upon the following documents:
1. Copy of certificate of importer exporter code is Mark A and copy of autho rization letter is Ex.PW1/2.
2. Copy of statement of account and retail invoice are Ex.PW1/3 and Ex.PW1/4 respectively.
3. The certificate under Section 65B of Indian Evidence Act is Ex.PW1/5.
CS No.8067/16 Page 2 of 46. No other witness was examined and Exparte PE was closed.
7. I have heard the exparte final submissions made by Ld. Counsel for the plaintiff and perused the record carefully.
8. As the defendant has already been proceeded exparte, the testimony of PW1 has remained unchallenged and unconverted. PW1 has placed on record the statement of account to show the amount due and payable by the defendant and the invoice vide which the goods were supplied to the defendant. There is no reason to disbelieve the unrebutted testimony of PW1 or to doubt the authenticity of the documents proved on record. The suit is within the jurisdiction of this court as part of cause of action has arisen where the plaintiff received the order and from where the plaintiff supplied the goods to the defendant. The suit and has been filed within the period of limitation.
9 Hence, the court is of the considered opinion that the plaintiff has successfully proved its case and is entitled to decree. The defendant is liable to pay a sum of Rs.53,285/ to the plaintiff. As far as the interest is concerned, the court is of the considered opinion that ends of justice shall be met by awarding simple interest at the rate 9% per annum to the plaintiff from the date of filing of the suit till the realization of the amount.
10. In view of the above findings of this court, the present suit is decreed in favour of the plaintiff and against the defendant. The plaintiff is entitled to recovery of a sum of Rs.53,285/ (after deducting the amount of Rs. 30,000/ as admittedly paid by the defendant from Rs. 83,285/) alongwith pendentlite and future interest at the rate of 9% per annum on the said amount from the date of filing of suit i.e.11.01.2016 till the realisation of the amount. Costs of the suit is also awarded in favour of the plaintiff.
CS No.8067/16 Page 3 of 411. Decree sheet be prepared accordingly.
12. File be consigned to the record room after due compliance.
Digitally signed by SAUMYA SAUMYA Announced in the Court CHAUHAN CHAUHAN Date: 2022.02.08 today the 8th February, 2022 16:52:22 +0530 (SAUMYA CHAUHAN) SCJcumRC, East CS No.8067/16 Page 4 of 4