Delhi District Court
Rajan Gupta vs . Ravi Kumar Jain on 10 May, 2023
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RAJAN GUPTA VS. RAVI KUMAR JAIN
IN THE COURT OF VIVEK KUMAR AGARWAL, CIVIL JUDGE 03,
SHAHDARA DISTRICT, KKD COURTS, DELHI
Civil Suit No : 366/2020
Date of Institution: 19.03.2020
Date of Decision : 10.05.2023
Sh. Rajan Gupta
R/o D275, IInd Floor, Anand Vihar,
New Delhi92.
...............Plaintiff.
V.s.
Ravi Kumar Jain
Ballu Vas Raod, Ward No. 13
Kaman, The Kaman
Bharatpur, Rajasthan
.............Defendant.
SUIT FOR RECOVERY OF RS.14,406/
Present: None for plaintiff.
Defendant exparte vide order dated 08.07.2022.
Civil Suit No: 366/20 RAJAN GUPTA
Vs.
RAVI KUMAR JAIN (Vivek Kumar Agarwal)
CJ03/KKD/Delhi
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RAJAN GUPTA VS. RAVI KUMAR JAIN
Exparte judgment :
1.The present suit has been filed by the plaintiff for recovery of Rs.14,406/ along with 18% p.a. pendente lite and future interest and to award Rs.10,000/ in total towards compensation and to award litigation cost and other expenses in favor of the plaintiff. It is pertinent to mention that the plaint was allowed to be amended in the present suit vod 17.11.2022 and again, suit was converted into ordinary suit from the summary suit vod 08.07.2022 and same was further clarified in the order dated 17.11.2022.
2. In brief, the case of the plaintiff is that plaintiff was working in an Insurance company. That defendant was the salesperson cum agent of the insurance company i.e. Priority for you Pvt. Ltd and is engaged in the business of selling insurance policies. That on 12.05.2018, plaintiff received a call from defendant and was persuaded to take a health insurance under Religare Health & Max Bupa Policy. That plaintiff sought some time from the defendant to give a thought this regard. That on 16.05.2018, defendant again called the plaintiff and requested to buy the said policy and that upon several requests, plaintiff agreed to buy the policy. That during purchase of the policy, exchange of emails were carried between the plaintiff and the defendant. That defendant asked the plaintiff to transfer an amount of Rs. 14,406/ in A/c no. 2333002100014041 and on 16.05.2018, plaintiff transferred the said amount through NEFT vide reference no. 34109233 in the bank account of the defendant. That defendant informed the plaintiff that said policy will be processed in the name of the plaintiff within 02 days. That plaintiff asked the Civil Suit No: 366/20 RAJAN GUPTA Vs. RAVI KUMAR JAIN (Vivek Kumar Agarwal) CJ03/KKD/Delhi 3 RAJAN GUPTA VS. RAVI KUMAR JAIN defendant to send an email to confirm the receipt of the payment of said policy, however, defendant evaded on one pretext or the other. That plaintiff sent a legal notice to the defendant on 23.10.2019, calling upon him to clear his dues, however defendant neither replied nor complied with the said notice. That plaintiff was left with no other legal efficacious remedy than to file the present suit.
3. The defendant was duly served but failed to appear before the court despite service and accordingly was proceeded exparte vide order dt. 08.07.2022 and matter was fixed for exparte evidence.
4. To prove his case, the plaintiff examined himself in to the witness box as PW1 by tendering his affidavit Ex. PW1/1 and also tendered some documents as Ex. PW1/A to Ex. PW1/E including copy of adhaar card of plaintiff, true copies of emails and whatsapp chats, true copy of bank account statement, true copy of legal notice along with speed and Certificate U/s 65B of IEA. Thereafter, PE was closed vide statement of the plaintiff dated 23.02.2023.
5. In the present case, the defendant has failed to appear in the Court either in person or through his counsel despite being duly served. Since, the defendant has chosen not to appear and challenge the suit of the plaintiff, the evidence led by the plaintiff has remained unchallenged, uncontroverted and unrebutted, however, at the same time court has to scrutinize the case of plaintiff on the basis of the evidence led by him.
Civil Suit No: 366/20 RAJAN GUPTA
Vs.
RAVI KUMAR JAIN (Vivek Kumar Agarwal)
CJ03/KKD/Delhi
4
RAJAN GUPTA VS. RAVI KUMAR JAIN
6. It is to observe that from the document Ex.PW1/C, the plaintiff has established that he had transferred the amount of Rs. 14,406/ in the bank account of the defendant. Said document is duly supported with the Certificate U/s 65B of IEA i.e. Ex.PW1/E. The version of plaintiff is that said amount was transferred to the defendant for issuance of insurance policy in favor of plaintiff, which defendant failed to provide and to prove his version, plaintiff has relied upon the conversion between both the parties through email i.e. Ex.PW1/B. Plaintiff has stepped into the witness box as PW1 and on the other hand as the defendant failed to contest the matter, there is no reason to disbelieve the case of the plaintiff. Accordingly, I am satisfied that plaintiff has proved his case to the standard of preponderance of probabilities that defendant is liable to pay the amount of Rs.14,406/ to the plaintiff.
7. Again, as the amount in question was paid to the defendant on 16.05.2018 and suit has been filed on 19.03.2020 therefore, same is well within the period of limitation of three years.
8. Regarding the interest claimed @ 18% p.a. it is to observe that same was not agreed rate of interest between both the parties and therefore plaintiff is awarded the simple interest at the rate of 12% p.a. from the date of institution of suit i.e. 19.03.2020 till date of recovery of the amount. Again, I do not find any ground to award the compensation as plaintiff has not pleaded any damages suffered by him.
Civil Suit No: 366/20 RAJAN GUPTA
Vs.
RAVI KUMAR JAIN (Vivek Kumar Agarwal)
CJ03/KKD/Delhi
5
RAJAN GUPTA VS. RAVI KUMAR JAIN
9. In view of the aforesaid discussion, suit of the plaintiff is hereby decreed with costs to the effect that defendant shall pay the amount of Rs.14,406/ along with simple interest @ 12% p.a. from the date of institution of suit i.e. 19.03.2020 till date of recovery of the amount within one month from the date of decree.
10. If defendant fails to make the said payment within the given time, the plaintiff shall be at liberty to approach the court for recovery of said amount. Decree sheet be prepared accordingly. File be consigned to record room after due compliance.
Pronounced in open court: (Vivek Kumar Agarwal)
Dated: 10.05.2023 Civil Judge03, Shahdara,
KKD Courts, Delhi
Note : This Judgment contains five pages and all the pages have been
checked and signed by me.
(Vivek Kumar Agarwal)
Date: 10.05.2023 Civil Judge03, Shahdara,
KKD Courts, Delhi
Civil Suit No: 366/20 RAJAN GUPTA
Vs.
RAVI KUMAR JAIN (Vivek Kumar Agarwal)
CJ03/KKD/Delhi