Bangalore District Court
M/S. Matrix Cellular (International) ... vs Mr. K.Tilak Kumar on 14 November, 2016
C.R.P.67} Government of Karnataka
Form No. 9 TITLE SHEET FOR JUDGEMENT
(Civil)
SUITS
Title Sheet for IN THE COURT OF THE SMALL CAUSES
Judgement in
AT BANGALORE
S.C.No.1705/2016
Dated this the 14th day of November 2016
PRESENT: RAJANNA SANKANNAVAR,
B.A., LL.B.,(Spl.)
XIII Addl.Small Cause Judge
Bengaluru.
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, Bengaluru-95,
Rptd by its Executive Mr. Nazeer.
(Sri Kashyap N. Naik, Adv for plaintiff)
-Vs-
Defendant: Mr. K.Tilak Kumar, S/o Ramappa Konanki,
R/at No.89, Ward No.10, Mariswamy Mutt
Street, Bellary-01.
(Ex-party)
Date of Institution of the Suit: 21.09.2016
Nature of the Suit (Suit on Recovery of money
pronote, Suit for Declaration and
Possession Suit for injunction etc.,)
Date of the commencement of 07.11.2016
Recording of the evidence:
(SCCH-15) 2 SC.1705/2016
Date on which judgment 14.11.2016
Was pronounced:
Total Duration: Year/s Month Day/s
00 01 23
JUDGMENT
The Plaintiff has filed present suit against the defendant for relief of recovery of money of Rs.41,515/- with interest @ 18% per annum.
2. The case of plaintiff's is as follows; The Plaintiff is a company carrying out the business of International Mobile Connections in the name and style of Matrix Cellular (International) Services Pvt. Ltd., having its Head Office at No.7, Khullar Farms 140, Mandi Road, Mehrauli, New Delhi and having its branch office in the Bengaluru. Mr. Nazeer, Executive has been authorized by the Company to represent the Plaintiff Company. The plaintiff is the leading telecom solutions provider for Indian travelers going abroad. The plaintiff through its commercial tie-ups with local telecommunications service providers abroad allows Indian traveling abroad to use a local SIM- card of the country to which they are traveling thereby (SCCH-15) 3 SC.1705/2016 saving them from having to pay international roaming charges that would be chargeable on Indian SIIM-cards of the country to which they are traveling thereby saving them from having to pay international roaming charges that would be chargeable on Indian SIM cards being used abroad. Upon the signing of the customer on the agreement form by potential customers. The plaintiff has filed present suit is filed for recover of Rs.41,515/-being the sum payable by the defendant to the plaintiff Company for services rendered by the plaintiff. as follows;
AGREEMENT AGREEMENT ACCOUNT MOBILE NO. COUNTRY/S NO. DATE CODE OF USAGE M2277772 08.08.2012 614653 07550064796 U.K. M2277773 08.08.2012 614653 07550068730 U.K.
3. The Defendant had applied for International Mobile Connection in Plaintiff Company and procured the standard Customer as per Agreement Form containing the terms and conditions regarding the usage of said connection. After being satisfied, the Defendant has agreed to hire a mobile connection and categorically signed the terms and agreement Form and agreed to abide (SCCH-15) 4 SC.1705/2016 by them. Thereafter, number of calls made, messages sent and mobile data consumed by the defendant during his time abroad. However, in spite of several requests and reminders made by the plaintiff, the defendant has failed to pay a sum of Rs.41,515/- despite the defendant having specifically and expressly agreed to clear all dues charged for the usage of the mobile connection under the said agreement. Thereafter the plaintiff issued a legal notice to the defendant and same is duly served upon the defendant, but, the defendant has neither chosen to reply to the notice nor complied demands made by the plaintiff in the notice. Bills were raised on the basis of the Defendant usage of the said mobile connections. Hence, plaintiff prays to decree the suit.
4. After issuance of summons to the defendant, same is served on him, but he has not appeared, accordingly his placed ex-party.
5. Then the plaintiff's company authorized person by name Nazeer has been examined its authorized signatory as P.W.1 and got marked as Ex.P.1 to 7.
6. Heard the arguments and perused the records. (SCCH-15) 5 SC.1705/2016
7. On pleadings of both the parties and records, the points are arise for consideration as follows;
1. Whether plaintiff is entitled for relief as Claimed in the suit?
2. What order?
8. Now the findings of this Court on the above said points are as follows;
Point No.1: In the affirmative.
Point No.2: As per final order for
the following
REASONS
9. P O I N T No. 1:- The Plaintiff has filed present suit against the defendant for relief of recovery of money of Rs.41,515/- with interest @ rate 18% p.a.. On behalf of the plaintiff's company, the authorized person by name Nazeer S/o Fakruddin Sab is examined as PW-1 in lieu of chief examination affidavit. In the affidavit reproduced all the averments made in the plaint. PW-1 has produced authorization letter marked at Ex.P.1. It is shown that, the plaintiff company has authorized to P.W.1 for adducing the evidence on behalf of the company.
9(a) Further, PW-1 has produced 2 Customer agreement letters and same are got marked at Ex.P.2 and (SCCH-15) 6 SC.1705/2016 3, bills (3 in nos.) got marked at Exs.P.4 and statement of account of defendant and same is marked as Ex.P.5. On perusal of Ex.P.4 and 5, its shows that the defendant has due of Rs.41,515/- to the plaintiff company with respect of defendant has took the international mobile service from the plaintiff company, further Ex.P.2 and 3 it is clearly shows that there was agreement held in between the plaintiff company and defendant with regard to calling the international mobile connection and further these documents clearly shows that defendant has taken international mobile service from the plaintiff company. Further, P.W.1 has deposed that the defendant has due sum of Rs.41,515/- with regard to service render by the plaintiff with respect of international mobile connection. Further, Ex.P.5 it is the statement of due bill amount of Rs.41,515/- from 30.08.2012 to 01.07.2012. Later plaintiff issued a notice on 21.02.2015 said legal notice is got marked at Ex.P.6 and same is sent to the defendant by way of registered post with regard to the same postal receipt is produced and got marked at Ex.P.7 and the plaintiff company has called upon the defendant through (SCCH-15) 7 SC.1705/2016 Ex.P.6 for repay the due of Rs.41,515/- with respect of render the international connection to the defendant from the plaintiff company. But the defendant has failed to paid the bills amount i.e., Rs.41,515/- and those documents are unchallenged and undisputed, so also the oral evidence of PW-1 is also remained unchallenged. Under such, there is no any reasons for discard or disbelieve Ex.P.2 to 7 and oral evidence of PW-1. Therefore, it is believed that defendant has not paid any amount towards dues bills. Further the transaction between the plaintiff and defendant is commercial transaction. As such, the defendant is bound by terms of the agreement which were executed by him in favour of plaintiff as per Ex.P.2 and Ex.P.3.
10. The plaintiff has sought for awarding interest from the due balance. As such this court is inclined to grant interest from the date of suit. Hence, defendant is liable to pay a sum of Rs.41,515/- with interest @ 18% p.a. from the date of last due date of the amount to till realization. Hence, this Court has held point No.1 in the affirmative.
(SCCH-15) 8 SC.1705/2016
11. Point No.2: In view of above findings to the point No.1, proceeds to pass the following order.
ORDER The suit of the plaintiff is hereby decreed with cost.
Defendant is hereby directed to pay an amount of Rs.41,515/- with interest @ 18% p.a. from the date of last due date of the amount to till realization.
Draw decree accordingly.
(Dictated to the Stenographer, transcribed by her, corrected and then pronounced in the Open court by me on this the 14th day of November, 2016) (RAJANNA SANKANNAVAR), XIII Addl. Small Causes Judge, Bangalore.
ANNEXURE List of witnesses examined for plaintiff P.w.1 - Nazeer List of exhibits marked on behalf of plaintiff Ex.P1 : Authorisation letter Ex.P2 : Customer Agreement along with data plan, copy of pass port, Visa.
Ex.P3 : Customer Agreement form along with tariff sheet, copy of pass port, Visa.
(SCCH-15) 9 SC.1705/2016Ex.P4 : Copy of Bills along with certificate (03 in nos.) amounting of Rs.41,515/-
Ex.P5 : Statement of account of Tilak Kumar.
Ex.P6 : Copy of Legal Notice Ex.P7 : Postal receipt
List of witnesses examined for defendant
-None-
List of exhibits marked on behalf of defendant
-NIL -
(RAJANNA SANKANNAVAR), XIII Addl. Small Causes Judge, Bangalore.