Delhi District Court
M/S Pournavi Events Pvt. Ltd vs Mr. Raushan Srivastava on 20 August, 2014
IN THE COURT OF MS. PRABH DEEP KAUR
CIVIL JUDGE05(WEST)
TIS HAZARI COURS, DELHI
Suit No. 337/11
Unique I.D. No.
M/s Pournavi Events Pvt. Ltd.,
Having its Office at:
K105, Second Floor, Kirti Nagar,
New Delhi15.
........Plaintiff
Vs.
Mr. Raushan Srivastava,
AR of M/S Innovative Technosoft,
R27, Kalra Complex, Shakarpur,
New Delhi92.
..........Defendant
Date of filing of the suit : 19.09.2011
Date on which, order reserved : 13.08.2014
Date of announcement : 20.08.2014
JUDGMENT
1. Plaintiff has filed the present suit for the following reliefs: Suit No. 337/11 Pournavi Events Pvt. Ltd. Vs. Raushan Srivastava Page No. 1/6
(i) To pass a decree for recovery of Rs. 2,78,000/ in favour of the plaintiff and against the defendant along with pendent lite and future interest @ 18% per annum with month interest till payment.
(ii) Cost of the suit be also awarded in favour of the plaintiff and against the defendants.
2. Plaintiff's Version: In the present suit, plaintiff has stated that the plaintiff is a Private Limited Company duly incorporated under the Indian Companies Ac, 1956. The plaintiff company is having its register office at K 105, Second Floor, Kirti Nagar, New Delhi110015. Sh. Ashok Kumar is authorized Representatives of the plaintiff company and is fully conversant with the facts of the case and has been authorized to sign, verify and to institute the present suit against the defendant and a resolution passed by the board of directors has been issued in favour of the said Authorized Signatory to file and institute the present suit against the defendant.
Defendant has been engaged by plaintiff for development of software for the use of smooth functioning and management of company affairs and management of data, work and orders and better among the various department of plaintiff company.
Plaintiff company is in management of events and its allied services and plaintiff is dealing with premium customers and timely service is the essence of the customers while taking services Suit No. 337/11 Pournavi Events Pvt. Ltd. Vs. Raushan Srivastava Page No. 2/6 from plaintiff. Plaintiff for promotion and growth of their company profile proposed to have software which enhance the ability and quality of plaintiff company while dealing with their premium customers. The sole motive in engaging services for development of software from the defendant is to provide timely services and growth of plaintiff company.
Plaintiff engaged services of defendant on 04 January 2011 and final quotation was settled on 10' February. At the time of initial meetings defendant assured plaintiff about enhancement of company's ability and growth.
After great negotiation and deliberation, the total job work for development of the software was fixed for Rs. 70,000/ and as per the demand and requirement of defendant, plaintiff had paid 40% of the settled amount immediately by way of cheque bearing number 543346 dated 14.02.2011 drawn on Axis Bank Ltd, Kirti Nagar, New Delhi to the defendant.
Plaintiff had made it clear about timeframe of the software including uploading to the defendant because of 31 March being the closing date for all the customers and plaintiff has to prepare all the statements and bills, invoice to the customers before 31 March 2011 and this fact was told to the defendant. Defendant had assured plaintiff about the installation and uploading of the software within 3 weeks. Defendant after taking the monies from plaintiff had Suit No. 337/11 Pournavi Events Pvt. Ltd. Vs. Raushan Srivastava Page No. 3/6 linger on the project for long without any rhyme or reason and had caused great mental pain and agony besides monetary loss.
Representatives of plaintiff used to communities with the defendant on telephone as well as through emails.
Plaintiff therefore, terminated the contract due to extraordinary delay from side of the defendant i.e. the project has to be completed within 3 weeks and has been prolonged for more than 6 months which causes great mental pain and agony.
Plaintiff suffered lot of monetary losses i.e. in the tune of Rs. 50,000/ per month because of extra manpower/ executives employed by plaintiff to complete the job of the customers. Had it been the case that defendant had uploaded the software in time, plaintiff had saved almost 2.5 Lacs besides the better services being provided to the premium customers by plaintiff.
Software which defendant claimed to be completed lacks basis features as initially discussed and is not at all operational smoothly. The trial of part software uploaded by the defendant, created lot of mess and confusion amongst the departments of plaintiffs company leading to further decline in productivity and efficiency of the staff of plaintiff's company.
The plaintiff also sent a legal notice of demand dated 18.07.2011 and posted on 21.07.2011 to the defendant thereby Suit No. 337/11 Pournavi Events Pvt. Ltd. Vs. Raushan Srivastava Page No. 4/6 requesting the defendant to pay Rs. 28,000/ along with interest @ 18% per annum and further demanded damages in the tune of Rs. 2,50,000/ for lake of services, delay, loss of productivity and chaos in the staff of plaintiff company but the defendant failed to pay the same. Hence, the present suit for recovery.
3. Defendant was duly served by way of publication in the newspaper " Virat Vaibhav" in 21.02.2014 but neither the defendant has appeared nor any WS has been filed by the defendant. Therefore, vide order dated 29.03.2014, defendant was proceeded with Exparte.
4. Plaintiff's Evidence: In Exparte Evidence, plaintiff bank has examined Ashok Kumar, (AR of plaintiff bank) as PW1 and he has relied upon the following documents:
(i) Copy of board resolution is Ex. PW1/1.
(ii) Final quotation is Ex. PW1/2. (iii) Communications, Emails between parties are Ex. PW1/3 (colly). (iv) Legal notice dated 18.07.2011 is Ex. PW1/4. (v) Postal receipts dated 21.07.2011 is Ex. PW1/5.
5. Exparte final arguments have been heard on 06.08.2014 and thereafter, the matter was kept pending for orders.
6. The testimony of plaintiff remained uncontroverted, Suit No. 337/11 Pournavi Events Pvt. Ltd. Vs. Raushan Srivastava Page No. 5/6 unrebutted and unchallenged.
7. To discharge his onus, plaintiff has filed on record sufficient documents. Perusal of all these document shows that defendant had taken a loan from the plaintiff bank but has failed to discharge his liability to pay.
8. In view of the facts mentioned by the Plaintiff and documents filed by the Plaintiff, and the fact that defendant has not lead any evidence and the above discussion the suit is liable to be decreed in favour of the plaintiff and against the defendant.
9. The suit of the plaintiff is accordingly, decreed in favour of the plaintiff and against the defendant for a sum of Rs. 2,78,000/ along with pendent lite interest @ 7 % per annum till the date of decree.
Cost of the suit be also awarded in favour of the plaintiff. Decree sheet be prepared accordingly.
File be consigned to the record room after due compliance.
Announced in the open court on
20th of August, 2014 (PRABH DEEP KAUR)
CIVIL JUDGE05(WEST)
THC/DELHI/20.08.2014
Suit No. 337/11 Pournavi Events Pvt. Ltd. Vs. Raushan Srivastava Page No. 6/6