Delhi District Court
Matrix ... vs Dinesh Sharma on 19 April, 2018
IN THE COURT OF ATUL KRISHNA AGRAWAL:
ADDITIONAL RENT CONTROLLER (SOUTH):
COURT ROOM NO. 204, SAKET COURTS: NEW DELHI
Civil Suit No.923/2017
In the matter of:
Matrix Cellular(International)Services Ltd.
07, Khullar Farms, 140, New Manglapuri,
Mandi Road, Mehrauli,
New Delhi110030. ..........Plaintiff
Versus
Dinesh Sharma,
S/o Ratan Lal Sharma,
C702, Maharaja Apartments
Devi Marg, Bani Park,
Jaipur, Rajasthan
Email ID: [email protected] ....Defendant
DATE OF INSTITUTION : 05.09.2017
DATE OF RESERVING ORDER : 19.04.2018
DATE OF PRONOUNCEMENT : 19.04.2018
SUIT FOR RECOVERY OF Rs.28,950/ (Rupees Twenty Eight Thousand
Nine Hundred Fifty Only) WITH PENDENTELITE AND FUTURE
INTEREST
EXPARTE JUDGMENT:
1.This is a suit for recovery of Rs.28,950/ under Order XXXVII CPC CS No. 923/17 Matix Cellular (International) Services Ltd Vs. Dinesh Sharma Page 1 of 5 and the suit has been filed by Sh. Binod Sinha, authorized representative of the company.
2. It is the case of plaintiff that it is a limited company dealing in International Mobile Rental Services. The defendant had applied for international mobile connection and procured the standard application form containing the terms and conditions regarding the usage of the said connection and thereafter, took the mobile connection from the plaintiff.
3. As per the accounts maintained by the plaintiff company, there is a outstanding amount of Rs.28,950/ due and payable by defendant towards the International Mobile Connection No.447726683361 & 447726681510 which had occurred on account of defendant's usage of International Mobile Telephone Services in accordance with the terms and conditions of the Written Contract. Thereafter, plaintiff company raised several invoices and despite repeated reminders and requests, the defendant has failed to pay the same. A legal notice dated 15.12.2016 was also served upon the defendant but to no avail.
4. Accordingly, the plaintiff company has filed the present suit interalia praying as under:
(a) To pass a decree for a sum of Rs.28,950/ in favour of plaintiff and against the defendant alongwith interest @ 18% per annum from the date of filing of the suit till realization of the entire amount;
(b) Cost of the suit.
5. After filing of the present suit, on an separate statement of counsel for plaintiff, the present suit stands converted into an ordinary suit and thereafter summons were issued to the defendant and AD Card received CS No. 923/17 Matix Cellular (International) Services Ltd Vs. Dinesh Sharma Page 2 of 5 back served upon the defendant. Counsel for defendant had appeared before the court on 13.11.2017 and defendant was directed to file WS within the stipulated period. However neither WS was filed nor anyone appeared on behalf of defendant before the court thereafter. Accordingly vide order dated 23.01.2018, defendant was proceeded "exparte" in the matter and the plaintiff was directed to lead "exparte evidence".
6. During the course of exparte evidence, AR of plaintiff examined himself as PW1 in the matter. He in his affidavit by way of evidence Ex.PW1/1 has reiterated the contents of plaint and has exhibited on record the followings documents:
(i) Mark X is the copy of the certificate of incorporation
(ii) Ex. PW1/A is the copy of board resolution dated 03.04.2014.
(iii) Ex. PW1/B (colly) is computer generated agreement form alongwith confirmation email.
(iv) Ex. PW1/C (colly) is computer generated Tariff plan.
(v) Ex. PW1/D (colly) is the account ledger of defendant.
(vi) Ex. PW1/E (colly) is the copy of itemized bills.
(vii) Ex. PW1/F is the certificate u/s 65B of Indian Evidence Act.
(viii) Mark A (colly) is the copy of legal notice alongwith copy of dispath proof.
(ix) Mark B (colly) is the copy of the passport and copy of Air Ticket
7. Thereafter exparte PE was closed and final arguments were addressed. I have now considered the arguments advanced by Ld. Counsel for plaintiff and carefully perused the evidence on record.
8. The plaintiff company has filed this suit through its AR seeking CS No. 923/17 Matix Cellular (International) Services Ltd Vs. Dinesh Sharma Page 3 of 5 recovery of Rs.28,950/ alongwith interest @ 18% p.a. for nonpayment of outstanding bill raised by it on account of mobile usage by the defendant.
The plaintiff's contention is supported by the computer generated agreement form with confirmation email Ex.PW1/B, proving that he had applied for the international mobile facility provided by the plaintiff company. Computer generated ledger account Ex.PW1/D and mobile bills Ex.PW1/E prove the dues which are still payable by defendant. Certificate u/s 65 B of Indian Evidence Act Ex. PW1/F is also filed in support of computer generated documents. Hence there is nothing on record to raise doubt on the above documents.
9. It is also worth stating that one has to keep in mind that this is a suit wherein the defendant has been proceeded exparte. Since the defendant has himself chosen not to contest the suit, under such circumstances, the contents of the plaint and evidence on behalf of plaintiff has to be treated as correct. Furthermore, the plaintiff also sent a legal notice Mark A but to no avail.
10. Under these circumstances, as the testimony of AR of plaintiff company has remained unrebutted and is duly supported with documents on record, there is nothing to doubt or to disbelieve it.
11. However, at this stage, it worth observing that as per statement of account, the bil has been raised only till 05.09.2014 against defendant. On the said date, the total amount payable was only Rs.16450.78/. The amount as claimed in the suit has accumulated on account of late payment charges, which are excessive. Hence, the plaintiff can be awarded principle amount of Rs.16450.78/ only and interest can be awarded from the date when the CS No. 923/17 Matix Cellular (International) Services Ltd Vs. Dinesh Sharma Page 4 of 5 bills became due.
12. The plaintiff has succeeded in proving its case for recovery of sum of Rs.16450.78/ from defendant. The interest claimed is also on the higher side. Interest @ 12% p.a. would be just and fair. Accordingly, the suit of plaintiff stands decreed for a sum of Rs.16450.78/ alongwith interest @ 12% p.a. from 22.09.2014 (due date of payment of bill dated 31.08.2014 is 21.09.2014) onwards till the date of its realization. The plaintiff is also awarded the costs of the suit.
13. Decree sheet be prepared accordingly.
14. File be consigned to Record Room after necessary compliance.
Announced in the open court (Atul Krishna Agrawal)
on 19.04.2018 Administrative Civil Judgecum
Additional Rent Controllercum
Commercial Civil Judge: (South):
Saket District Courts: New Delhi
CS No. 923/17 Matix Cellular (International) Services Ltd Vs. Dinesh Sharma Page 5 of 5