Delhi District Court
G And G Concrete Solution vs Pc Construction on 25 January, 2025
IN THE COURT OF SH. AJAY KUMAR JAIN:
DISTRICT JUDGE COMMERCIAL COURT 03 - SOUTH EAST
DISTRICT SAKET COURTS, NEW DELHI.
CS (COMM) 903/2023
M/S G & G CONCRETE SOLUTION
Proprietor Sh. Ankit Gupta
Office at :
Plot No. D-17, Chhatarpur Enclave
New Delhi- 1--74 ..... PLAINTIFF
VERSUS
M/S P.C. CONSTRUCTION CO.
Through Proprietor sh. Prakash Morya
Office at:
426/2, Old Mehrauli Road,
Badarpur, New Delhi
Also at :
A-114, Pul Pehladpur
New Delhi- .....DEFENDANT
Date of Institution : 03.10.2023
Date when final arguments heard: 15.01.2025
Date of Judgment : 25.01.2025
JUDGMENT
1. Vide this judgment, I shall decide the suit for recovery of Rs. 7,95,704/- along with pendent-lite and future interest filed by the plaintiff against the defendant.
CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 1/ 12
2. Brief facts of the case are that the plaintiff is doing the civil work and supplying the building material and in the year 2021, the defendant contacted the plaintiff for supply of material. On 16.06.2021, the defendant issued first work order to the plaintiff and the plaintiff completed the said work order pursuant to which the defendant issued different work order between 16.06.2021 to 21.06.2021. The plaintiff performed its part of obligation and raising the bill of Rs. 7,95,704/- but the defendant had not made the payment, therefore, the notice dt. 04.08.2022 was issued which is duly received by the defendant and the defendant also replied to the said notice, pursuant to which the plaintiff filed an application for pre-mediation litigation, however defendant not appeared and non-starter report was issued. Pursuant to which, the present suit was filed with following relief :
A. Pass a decree in favour of the plaintiff and against the defendant for a sum of Rs. 7,95,704/- alongwith the interest till July, 2023 @ 18% p.a. and future interest till its realization.
B. Cost of the suit may also be awarded in favour of the plaintiff and against the defendant.
Written statement :
3. In written statement, it is stated that in the month of June, 2021, at the instance of the proprietor of the plaintiff company, the defendant company deposited the dues in the account of M/s Rakesh Kumar & Company which can be seen in the whatsapp chats between CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 2/ 12 the plaintiff and the defendant as the details of the cheque was shared by the plaintiff to the defendant. The defendant sent a sum of Rs.
7,95,704/- through their own account namely M/s P.C. Construction Company in the account of M/s Rakesh Kumar & Company which is for the liability towards plaintiff. The plaintiff asked the defendant to transfer he amount into the said account. The said amount of Rs. 7,95,704/- has been credited in the said account. The defendant also filed the criminal complaint against the plaintiff for cheating and breach of trust.
4. In parawise reply, it is stated that the bill of Rs. 7,95,700/- was generated against the work done by the plaintiff, however defendant already paid the claimed amount of Rs. 7,95,700/- alongwith an amount of Rs. 9,05,000/-/- in relation to work done by the defendant's other company for the plaintiff on 21.06.2023 in the account mentioned by the plaintiff themselves.
5. The defendant in his affidavit of admission denial of documents filed on behalf of the plaintiff denied the ledger account, invoices, however admitted the legal notice, its reply. The plaintiff denied the copy of chats, bank statement, ledger account, emails, complaint.
6. On completion of pleadings, vide order dt. 30.08.2024, following issues were framed :
1. Whether the plaintiff is entitled to decree for recovery a sum of Rs. 7,95,704/- against the defendant, as prayed for?
OPP CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 3/ 12
2. Whether the plaintiff is entitled to interest. If yes, at what rate and for which period? OPP
3. Relief.
The matter was referred to Local Commissioner for recording of evidence. The plaintiff examined PW1 Ankit Gupta and PW2 Sh. Krishan Chand Gupta. The defendant examined DW1 Sh. Dikshant Morya.
Brief summary of evidence
7. PW1 Ankit Gupta tendered his affidavit of evidence Ex.PW1/A and in cross examination stated that in the year 2021, the defendant Sh. Prakash Morya alongwith his son Dikshant visited his office for material supply. He further stated that the mobile no. 9811060826 belongs to his father, however when put the screenshot of whatsapp chats, he stated that he could not tell if the said chats were sent by his father. He however stated that there are two cases pending against Dikshant and his father Prakash Morya and total amount of Rs. 17 Lacs is pending against Dikshant and his father. He was put the copy of evidence of two cases and thereafter he stated that it is correct that the said chat Mark PW1/D.2 (Colly) is between his father and Dikshant. He however denied the suggestion that his father sent photo of cheque of account of M/s Rakesh Kumar & Company and asked the defendant to transfer the claimed amount in the account of M/s Rakesh Kumar & Company. He also denied suggestion that his CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 4/ 12 father sent a photo of NIL ledger account to Dikshant. He also stated that it is correct that invoices do not bear the signature of defendant. He also stated that he do not know Rakesh Kumar, however on later stage stated that he knew Rakesh Kumar since long and has stated that they have financial transactions with Rakesh Kumar & Company out of which one of the transaction is on 26.05.2020.
8. PW2 Sh. Krishan Chand tendered his affidavit of evidence Ex.PW2/A and stated that in the month of June, 2021, son of the defendant namely Dikshant made telephonic call and informed that he required information of Rakesh Kumar & Company, accordingly sent the bank details. The defendant and son of defendant requested him to provide the NIL balance statement to it and believing that the defendant had made the outstanding dues in the bank account of the plaintiff firm, he provided the NIL balance statement. However, when he saw the bank statement, he was shocked to see that no amount was paid by the defendant. In cross examination stated that they have business relations with Rakesh Kumar & Company also. He also provided the screenshot (MPW1/D1) and also Mark PW1/D.2 (Colly). He also stated that he had sent a photo of ledger account to Dikshant. Mark PW1/D.2 depicts receipt of amount of Rs. 7,95,700/- and Rs. 9,05,000/- through RTGS which is at Point A & B. He denied suggestion that he asked Dikshant to deposit the payment of Rs. 7,95,700 and Rs. 9,05,000/- into the account of Rakesh Kumar & Company. He stated that it is correct that in the month of December, CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 5/ 12 2021, he had apprehended the truck belonging to Rakesh Kumar & Company, however it is stated that a complaint was also made to the police and police reached at the spot, and took him and Dikshant to police post . After perusal of bank statement Ex.PW1/27 & Ex.PW1/28 (Colly), he stated that he knew Rakesh Kumar since long.
9. DW1 Dikshant Morya tendered his affidavit of evidence as Ex.DW1/A and in cross examination stated that his father is proprietor of defendant company but he looked after the day to day affairs of the company. He admits the bill raised by the plaintiff. He also stated that it is correct that the outstanding payment of Rs. 7,95,700/- was due upon M/s P.C. Construction Company in June, 2021. He further stated that it is correct that in Ex.PW1/D.1, it is not mentioned that plaintiff asked him to transfer the amount in the account of Rakesh Kumar & Company. After sending the photo of the cheque on whatsapp, he, being the son of the proprietor, was handling the accounts and business and made to transfer with the knowledge of the proprietor of the firm. He stated that he do not remember that Rakesh Kumar & Company had transferred a sum of Rs. 1,00,000/- in my personal account or in company's account. He further stated that he has received the amount of Rs. 1,00,000/- in the account of P. C. Construction Company from Rakesh Kumar. He further stated that he do not know why Rakesh Kumar transferred a sum of Rs. 1,00,000/- in the account of P.C. Construction Company.
CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 6/ 12 Material Exhibits :
10. Ex.PW1/1 (pg. no. 18) is the ledger account dt. 01.04.2021 to 31.03.2022; Ex.PW1/2 (pg. no. 19) is the invoice bearing no. 0000601 dt. 16.06.2021; Ex.PW1/3 (pg. no. 20) is the invoice bearing no. 0000602 dt. 16.06.2021; Ex.PW1/4 (pg. no. 21) is the invoice bearing No. 0000603 dated 16.06.2021; Ex.PW1/5 (pg. no.
22) is the invoice bearing No. 0000604 dated 16.06.2021; Ex.PW1/6 (pg. no. 23) is the invoice bearing No. 0000616 dated 17.06.2021; Ex.PW1/7 (pg. no. 24) is the invoice bearing No. 0000617 dated 17.06.2021; Ex.PW1/8 (pg. no. 25) is the invoice bearing No. 0000618 dated 17.06.2021; Ex.PW1/9 (pg. no. 26) is the invoice bearing No. 0000631 dated 18.06.2021; Ex.PW1/10 (pg. no. 27) is the invoice bearing No. 0000632 dated 18.06.2021; Ex.PW1/11 (pg. no.
28) is the invoice bearing No. 0000633 dated 18.06.2021; Ex.PW1/12 (pg. no. 29) is the invoice bearing No. 0000644 dated 19.06.2021; Ex.PW1/13 (pg. no. 30) is the invoice bearing No. 0000645 dated 19.06.2021; Ex.PW1/14 (pg. no. 31) is the invoice bearing No. 0000646 dated 19.06.2021; Ex.PW1/15 (pg. no. 32) is the invoice bearing No. 0000657 dated 20.06.2021; Ex.PW1/16 (pg. no. 33) is the invoice bearing No. 0000658 dated 20.06.2021; Ex.PW1/17 (pg. no.
34) is the invoice bearing No. 0000659 dated 20.06.2021; Ex.PW1/18 (pg. no. 35) is the invoice bearing No. 0000670 dated 21.06.2021; Ex.PW1/19 (pg. no. 36) is the invoice bearing No. 0000671 dated 21.06.2021; Ex.PW1/20 (pg. no. 37) is the invoice bearing No. CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 7/ 12 0000672 dated 21.06.2021; Ex.PW1/21(pg. no. 38 to 40) is the Copy of Legal Notice; Ex.PW1/22 is the postal receipt; Ex.PW1/23 is the reply of Legal Notice dated 14.10.2022; Ex.PW1/24 is the Non Starter Mediation Report dated 14.09.2023; Ex.PW1/25 is the certificate under Section 65B of the Indian Evidence Act, 1872; Ex.PW1/26 is the Certificate 11 Rule 6 (3) CPC 1908.
Mark PW1/D.1 is the Copy of screenshots of WhatsApp profile; Mark PW1/D.2 (Colly) is the copy of Screenshots of WhatsApp chats between me and father of the proprietor of the plaintiff company depicting the payment of Rs.9,05,000/- and Rs.7,95,700/-; Mark PW1/D.3 & PW1/D.4 are the copies of evidence dt. 20.09.2024 & 26.09.2024 recorded in other case bearing no. CS(COMM) 890/2023 titled as M/s G & G Concrete Solution Vs. Sunrise Construction Company Ex.DW1/1 is the copy of bank statement of defendant's company account showing transfer through RTGS vide UTR:
PUNBR52021062112190578 in the account of M/s Rakesh Kumar & Co. on 21.06.2021; Ex.DW1/2 is the copy of emails between Punjab National Bank and AR of defendant company namely Dikshant Maurya; Ex.DW1/3 is the copy of Ledger Account of the defendant company; Mark-DW1/4 is the copy of complaint filed by me against the plaintiff; Ex.DW1/5 is the certificate U/s 65B of Indian Evidence Act; Ex.DW1/6 is the original Authority Letter is exhibited; Ex.DW1/7 is the second Certificate U/s 65B of Indian Evidence Act.
CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 8/ 12 Submissions of counsels :
11. Ld. Counsel for plaintiff submitted that there is an outstanding payment of Rs. 7,95,704/- due towards defendant which has not paid. There was no instruction from plaintiff or his father to deposit the said amount in the account of M/s Rakesh Kumar & Company. Furthermore, the said payment cannot be the liability of the plaintiff as the defendant received back Rs. 1,00,000/- in their account out of Rs. 7,95,704/-. Ld. Counsel submitted that no payment is made, hence, the plaintiff is entitled for the relief claimed.
12. Ld. Counsel for defendant submitted that the defendant had purchased the RMC material from the plaintiff amounting Rs.
7,95,700/- and the said transaction is not disputed, however the defendant in written statement pleaded that he paid such amount in the account of M/s Rakesh Kumar & Company on the instruction of plaintiff. PW2, father of proprietor of plaintiff firm instructed the defendant to transfer of the said amount, and for the said purpose the father shared the photo of blank cheque of M/s Rakesh Kumar & Company on whatsapp and also upon confirmation shared the photo of NIL ledger. He stated that the father Krishan Gupta (PW2) of PW1 Ankit Gupta, the proprietor is also involved in sale purchase and day to day affairs of the defendant company who did not dispute the screenshots and the whatsapp conversation. PW1 Ankit Gupta also contradicted on the factum of knowing Rakesh Kumar. Ld. Counsel submitted that defendant able to prove that the defendant has cleared CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 9/ 12 the entire liability and mere remittance of Rs. 1,00,000/- by Sh. Rakesh Kumar in the account of defendant do not discredit the said payment. Ld. Counsel submitted that the suit is liable to be dismissed.
13. Both the counsels also filed written submissions.
14. Arguments heard. Record perused.
15. My issue wise findings are as under :
Issue No. 1 : Whether the plaintiff is entitled to decree for recovery a sum of Rs. 7,95,704/- against the defendant, as prayed for? OPP AND Issue No. 2 : Whether the plaintiff is entitled to interest. If yes, at what rate and for which period? OPP The case of the plaintiff is that on the basis of work orders issued by the defendant, the plaintiff supplied the building material and raised the respective bills, however the defendant has not cleared bills of Rs. 7,95,704/-, therefore, the present suit was filed. However the case of the defendant is that at the instance of the plaintiff, the defendant has paid the said amount of Rs. 7,95,704/- to one Rakesh Kumar & Company and in this regard, relied upon the whatsapp chat as well as the bank statement and ledger accounts. The plaintiff in his affidavit of admission denial of documents denied the whatsapp chats, however on the contrary the plaintiff examined PW2 Sh. Krishan Chand, father of Proprietor Sh. Ankit Gupta who in his affidavit of evidence admitted that he had given the bank details of Rakesh Kumar to defendant Dikshant and also provided NIL balance CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 10/ 12 statement to him. In cross examination, he has admitted that the screenshot of whatsapp chat Mark PW1/D.1 and Mark PW1/D.2 (Colly). He also admitted that sent the photocopy of cheque of Rakesh Kumar and Company to Dikshant and also sent the photocopy of ledger account showing the payment of Rs. 7,95,700/- and Rs.
9,05,000/- through RTGS. The testimony of PW2 itself confirms the defence of the defendant that the defendant has paid the liability amount of Rs. 7,95,700/- and Rs. 9,05,000/- in the account of Rakesh Kumar & Company at the instance of PW2, father of proprietor of plaintiff firm as both are working together. A separate suit was filed for recovery of amount of Rs. 9,05,000/-, however during the arguments, the judgment has been placed on record showing that the suit of the plaintiff bearing no. 890/2023 has been dismissed vide judgment dt. 21.12.2024 alongwith cost.
The defendant (DW1) in his testimony also exhibited the screenshot of cheque of Rakesh Kumar & Company and the ledger account showing NIL amount. DW1 further stated that he had received a sum of Rs. 1,00,000/- in the account of P.C. Construction Company from Rakesh Kumar, however receiving of the said amount do not in any manner discredit the version of the defendant that he has not discharged the liability of Rs. 7,95,700/- and Rs. 9,05,000/-. The plaintiff conspicuously concealed this fact of whatsapp messages and sending of copy of cheque of Rakesh Kumar and Company and ledger statement showing the NIL amount. The plaintiff unable to prove its CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 11/ 12 case whereas the defendant able to show the discharge of liability in the account Rakesh Kumar & Company at the instance of the plaintiff. Accordingly, issue nos. 1 & 2 decided against the plaintiff and in favour of the defendant.
RELIEF
20. In view of the above discussions, plaintiff is not entitled to any relief. Hence, the present suit stands dismissed with cost of Rs. 20,000/- to be paid by plaintiff to the defendant. Decree sheet be prepared. The present suit is disposed off accordingly.
File be consigned to record room after due compliance.
Digitally AJAY signed by AJAY KUMAR JAIN KUMAR Date:
2025.01.25 JAIN 16:33:12 +0530 Announced in the open court on 25th January, 2025 (Ajay Kumar Jain) District Judge, Comm-03 South-East, Saket Courts, Delhi CS (COMM) 903/2023 M/S G & G CONCRETE SOLUTION Vs. M/S P.C. CONSTRUCTION CO. dt. 25.01.2025 12/ 12