Bangalore District Court
M/S Dtdc Courier And Cargo Ltd vs M/S Venkateswara Enterprises on 11 January, 2016
IN THE COURT OF SMALL CAUSES (SCCH-23)
AT BENGALURU
DATED THIS THE 11th DAY OF JANUARY 2016
PRESENT: SMT. M.Rashmi, LLB, LLM.,
XXI ADDL. SCJ & XIX ACMM
MEMBER - MACT
BANGALORE
S.C No.789 of 2015
PLAINTIFF: M/s DTDC Courier and Cargo Ltd.,
DTDC House No.69,
Albert Victor Road,
1st Main, Chamrajpet,
Bangalore - 560018.
Represented by its
Zonal Admin Manager,
Mr. T.S.Ramamurthy.
(By Sri Dileep.N, Advocate)
Vs.
DEFENDANT: M/s Venkateswara Enterprises,
Office at No.1-31,
Ventakeswara Nagar,
1st Main Road,
Ramapuram, Chennai.
Represented by its proprietor
Mrs.S.D.Deepa,
W/o Mr.V.shankar,
Aged about 30 years.
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SCCH-23
(Exparte)
Date of Institution of the suit : 09.07.2015
Nature of the suit (suit on pronote, : Recovery of money
Suit for declaration and possession
Suit for junction, etc.):
Date of commencement of : 07.01.2016
recording of the evidence
Date on which the Judgment : 11.01.2016
was pronounced
Total Duration Years Month/s Days
01 06 01
XXI Additional Judge
JUDGMENT
This suit is filed by plaintiff for recovery of Rs.97,658/- from the defendant, with interest at 24% p.a from the date of suit till realisation, for costs and such other relief.
2. It is the case of the plaintiff that they are registered under the name and style DTDC Courier and Cargo Limited having registered and regional office in Bangalore. The defendant 3 SC.No.789 of 2015 SCCH-23 had approached the plaintiff company and sought for franchisee was plaintiff company and same was given to the defendant on 03.07.2010 who was carrying the business under name and style M/s Venkateshawar Enterprises, Chennai. As a franchisee the defendant had availed his services from the plaintiff company for transshipment of consignments to various places and destination booked by the defendant on behalf of the plaintiff company. The defendant ought to have made the transshipment charges/service charges to the plaintiff company on or before 7th of every month for the services rendered by the plaintiff company for the preceding month. As on 27.03.2015 defendant was liable to pay Rs.97,658/- after deducting the security deposit of Rs.50,000/-. Even after repeated request and issuance of legal notice dated 10.12.2014 the defendant failed to comply the same. Hence this suit.
3. Even after service of summons the defendant has not appeared before the court. Hence defendant has been placed exparte.
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SCCH-23
4. On the basis of pleadings, the point for consideration is:
1. Whether plaintiff proves that defendants are jointly and severally liable to pay Rs.97,6581/- as with interest at the rate of 24% 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 they are registered under the name and style DTDC Courier and Cargo Limited having registered and regional office in Bangalore. The defendant had approached the plaintiff company and sought for franchisee was plaintiff company and same was given to the defendant on 03.07.2010 who was carrying the business under name and style M/s Venkateshawar Enterprises, Chennai. As a franchisee the defendant had availed his services from the plaintiff 5 SC.No.789 of 2015 SCCH-23 company for transshipment of consignments to various places and destination booked by the defendant on behalf of the plaintiff company. The defendant ought to have made the transshipment charges/service charges to the plaintiff company on or before 7th of every month for the services rendered by the plaintiff company for the preceding month. As on 27.03.2015 defendant was liable to pay Rs.97,658/- after deducting the security deposit of Rs.50,000/-. Even after repeated request and issuance of legal notice dated 10.12.2014 the defendant failed to comply the same. Hence this suit.
7. On behalf of the plaintiff company one Mr. Ramamurthy.T.C has got examined himself as PW-1. In his affidavit filed in lieu of examination chief he has reiterated facts stated in the plaint. He has got furnished 6 documents namely certificate of incorporation, agreement dated 03.07.2010, computer generated statement and Section 65(B) certificate related to the DTDC, notice dated 10.12.2014, postal acknowledgment, letter of authority.
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8. On considering the oral and documentary evidence placed before court, it is pertinent for me to note that the stand 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.97,658/- 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 costs. The defendant is directed to pay Rs.97,658/- 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 11th day of January 2016) (M.RASHMI) XXI ADDL. SMALL CAUSES JUDGE 7 SC.No.789 of 2015 SCCH-23 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFF PW-1: Mr. Ramamurthy LIST OF DOCUMENTS MARKED ON BEHALF OF THE PLAINTIFF:
Ex.P-1: Certificate of incorporation Ex.P-2: Agreement dated 03.07.2010 Ex.P-3: Computer generated statement and Section 65(B) certificate related to the DTDC Ex.P-4: Notice dated 10.12.2014 Ex.P-5: Postal acknowledgment Ex.P-6: Letter of authority LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT None LIST OF DOCUMENTS MARKED ON BEHALF OF THE DEFENDANTS: Nil (M.RASHMI) XXI ADDL. SMALL CAUSES JUDGE