Delhi District Court
Matrix Cellular International ... vs Bhavya Pahwa on 22 March, 2015
IN THE COURT OF MS. SONAM GUPTA, CIVIL JUDGE: N/W
ROHINI COURTS:DELHI
CS No. 211/14
Matrix Cellular International Services Pvt. Ltd.
7, Khullar Farms, 140 New Manglapuri,
Mandi Road, Mehrauli,
New Delhi - 10 030.
Through its authorized representative .......... Plaintiff
versus
1. Bhavya Pahwa
13 F66, Shalimar Bagh East,
SFS Flats,
New Delhi - 110 052.
2. Nitin Pahwa
13 F66, Shalimar Bagh East,
SFS Flats,
New Delhi - 110 052. .......... Defendant
Date of institution of suit : 03.04.2014
Date of judgment : 23.03.2015
Matrix Cellular International Services Pvt. Ltd. v/s. Bhavya Pahwa & Anr. CS No. 211/14 Page No. 1/7
JUDGMENT
1. By the present judgment, I shall dispose of the suit for recovery of Rs. 12,829.36/ filed by the plaintiff on 03.04.2014 under the provisions of Order XXXVII CPC.
2. Brief facts necessary for the disposal of the present case are as under:
The plaintiff is a company registered under the Companies Act, 1956 having its registered office at 7, Khullar Farms, 140 New Manglapuri, Mandi Road, Mehrauli, New Delhi - 110 030. Defendant No. 1 is the wife of defendant No. 2. The present suit has been filed under Order XXXVII Rule 2 of CPC, 1908 for recovery of monies amounting to Rs. 12,829.36/ outstanding and admittedly due from the defendants to the plaintiff for usage of serves provided b the plaintff and admittedly utilized by the defendants. The amount of outstanding is calculated in accordance with the written contract that was entered into b and between the parties being the Customer Agreement Form (hereinafter referred to as the 'CAF'). The said agreement was entered into on or about 05.09.2012. The plaintiff is in the business of providing country specific SIM/Calling cards. The plaintiff company provides SIM/Calling cards to travelers going from India to places around the world. The plaintiff has created a niche for itself in this business of which it is a pioneer. These cards are handed over to the client/customer - in this case the Matrix Cellular International Services Pvt. Ltd. v/s. Bhavya Pahwa & Anr. CS No. 211/14 Page No. 2/7 defendants, prior to their departure from India. Clients take these SIM/Calling Cards to have an effective and assured way to communicate and connect with people at home in India and all across the world, while traveling. It is stated that such SIM/Calling cards are used by the customers while traveling to the concerned/specific country for the purpose of making/receiving phone calls, messages or any other supplementary service which the customer avails apropos signing a written contract with the plaintiff which specifically sets out the terms and conditions of the services being offered by the plaintiff to the defendants. The contact between the parties also sets out the tariff plan agreed to by the defendants which are admitted charges applicable to the services used by the defendants and provided by the plaintiff. After agreeing to all the applicable terms and conditions and the tariff applicable, the client signs the CAF. This contract and the tariff sheet that binds the parties and governs the relationship between them.
3. As per the plaintiff, the defendants also gave to the plaintiff authenticated copies of supporting documents such as copy of passport, vista, etc. This was in furtherance to the defendants admitting to his obligations under the CAF and the tariff sheet, which bears the signature of the defendants. It is stated that the defendants had approached the plaintiff company with the intention of renting an international SIM card for travel to the UAE as the defendant No. 2 was traveling abroad and therefore, wanted to avail of the facilities offered by the plaintiff. Matrix Cellular International Services Pvt. Ltd. v/s. Bhavya Pahwa & Anr. CS No. 211/14 Page No. 3/7
4. It is further stated that for the aforesaid purpose of obtaining a SIM card, the defendants entered into a written contract with the plaintiff company on the terms and conditions mutually understood and specifically agreed to, in writing, by and between the parties. The said contract bearing CAF No. M2301344 was duly signed by the defendant No. 1 on or about 05.09.2012 and a copy of the same was handed over to them while the original was retained by the plaintiff company. In pursuance to the request of the defendants and in accordance with the terms and conditions of the Agreement executed by the parties, the plaintiff company issued a SIM Card (SIM No. 8997103310043012499) bearing mobile No. 552262689 to the defendants on or about 05.09.2012.
5. It is stated that it was expressly understood and agreed by the defendants that the relationship between the parties shall be governed by the CAF and the Terms and Conditions stipulated therein along with the Customer Undertaking and the Tariff Plan which clearly spelt out the option for payment that the defendants had opted for. It is stated that as per the terms and conditions of the contract entered into between the parties, bill was raised by the plaintiff as per the tariff plan opted by the defendants along with the written contract. The ill was raised and dispatched as per the monthly billing cycle/billing period on basis of usage details received from the Parent Network of the country which was visited. The Matrix Cellular International Services Pvt. Ltd. v/s. Bhavya Pahwa & Anr. CS No. 211/14 Page No. 4/7 defendants availed the services provided by the plaintiff company from 07.09.2012 to 12.09.2012
6. It is submitted that the plaintiff company in its normal course of business has maintained full, complete and correct records of the account of the mobile number / SIM card issued to the defendants. It is further submitted that during the relevant time the defendants have used the services provided by the plaintiff company for which he is liable to pay a sum of Rs. 12,829.36/. As per the plaintiff, in accordance with the contract and the bill dated 16.10.2010 the defendants were and continue to be liable to clear the outstanding amount forthwith. Despite being aware of the admitted outstanding, the defendants have not made the payment of the admitted outstanding amount due to the plaintiff company. The defendants have not paid any sum of the total amount of Rs. 12,829.36/ that the defendants admittedly owe to the plaintiff company. It is submitted that despite repeated requests made by the plaintiff company, the defendants have deliberately not cleared the admitting outstanding amount of his behalf.
7. It is further stated that it is evident from the ledger account maintained by the plaintiff company in its usual course of business that the defendants have intentionally defaulted in payment of the amount due from him. Thereafter, the plaintiff company served a legal notice dated 06.04.2012 upon the defendant No. 1 Matrix Cellular International Services Pvt. Ltd. v/s. Bhavya Pahwa & Anr. CS No. 211/14 Page No. 5/7 calling upon her to make payment of the entire due amount along with interest at the rate of 18 % per annum within a period of 15 days from the receipt of the notice. Despite service of the legal notice, neither have the defendants replied to the said notice nor has he made any payment towards clearing the admitted outstanding due on his account. Hence, the present suit has been filed.
8. Summons for appearance were duly served upon the defendants by way of affixation, however, no appearance was entered into by the defendants.
9. In support of his contention, the plaintiff has filed on record original customer agreement form,original tariff plan opted by the defendants, copy of the eVisa of defendant No. 2, copy of passport of defendant No. 1 and 2, original account ledger maintained by the plaintiff company, true copy of bill dated 16.10.2012 raised by the plaintiff company, true copy of legal notice dated 06.04.2012, postal receipt of the legal notice dated 08.04.2012, certificate of incorporation of the plaintiff company. I find no reason to disbelieve the same. The plaintiff is therefore entitled for a decree of suit amount as there is no contest to the version of the plaintiff by the defendants and there is no reason to disbelieve the same.
10. In view of the above discussion, the plaintiff is held entitled to a decree of Rs. 12,829.36/ along with pendentelite and future interest @ 9 % per annum since Matrix Cellular International Services Pvt. Ltd. v/s. Bhavya Pahwa & Anr. CS No. 211/14 Page No. 6/7 the date of filing of the present suit till its realization. Pendentelite and future interest is reduced to 9 % per annum instead of 18 % as sought by the plaintiff in consonance with the prevailing bank rate of interest. Cost of the suit be also awarded to the plaintiff. Decree sheet be prepared accordingly. Announced in the open court on 23 March, 2015.
rd (SONAM GUPTA) Civil Judge (N/W) Rohini Courts, Delhi 23.03.2015 Matrix Cellular International Services Pvt. Ltd. v/s. Bhavya Pahwa & Anr. CS No. 211/14 Page No. 7/7