Delhi District Court
Hdfc Bank Limited vs Krishna Kant Sharma on 19 November, 2014
ID No.02401C0407282013
IN THE COURT OF SHRI PANKAJ GUPTA, ADDL. DISTRICT
JUDGE (CENTRAL07), TIS HAZARI COURTS : DELHI.
Suit No.235/2013
HDFC Bank Limited
Having branch office at:
Express Building, 2nd Floor,
Bahadurshah Jaffar Marg,
ITO, Delhi - 110 002. ...........PLAINTIFF
VERSUS
Krishna Kant Sharma,
EWS Flat no.202,
Ansal Apartments,
Sushant Estate Society,
New Delhi - 110 001.
Also at :
5/556, Lodai Colony
New Delhi - 110 003. ..........DEFENDANT
Date of Institution : 17.08.2013
Date when the case reserved for order : 19.11.2014
Date of Order : 19.11.2014
J U D G M E N T
1. The plaintiff filed the present suit for recovery of Rs.3,21,832.04 against the defendant.
1/4 HDFC Bank Ltd. Vs. Krishna Kant Sharma
2. In the plaint, it is stated that the plaintiff is a body incorporated under the Companies Act, 1956. Shri Ankush Saini, Manager is duly authorised to sign, verify and institute the present suit on its behalf. It is also stated that the defendant approached the plaintiff for auto loan of Rs. 6,00,000/. Considering the request of the defendant, the plaintiff bank disbursed a loan of Rs.6,00,000/ to be repaid in equal monthly installments of Rs.12,360/ each. The defendant executed the loan documents executed on 19.04.2010 in favour of the plaintiff. However, the defendant failed to adhere to the financial discipline. The defendant failed to pay the outstanding amount despite several requests. Therefore, left with no option, the plaintiff sent a demand notice dated 10.04.2013 but of no use. As per the statement of account maintained by the plaintiff, Rs.3,21,832.04 is due and outstanding against the defendant as on 31.07.2013. Hence, the present suit.
3. The defendant was duly served through publication in the newspaper. However, the defendant failed to appear. Hence, he was proceeded exparte on 29.05.2014.
4. The plaintiff in order to prove its case has produced its authorized representative namely Shri Ankush Saini as PW1 and his affidavit in evidence is Ex.PW1/A. PW1 relied upon the copy of power of attorney Ex.PW1/1 (OSR), copy of system generated disbursal letter Mark B, photocopy of repayment schedule Mark C, copy of notice Mark D, original postal receipt Ex.PW1/5, photocopy of FIR Ex.PW1/6 (OSR) and certified copy of Account Statement Ex.PW 1/7.
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5. I have heard the learned counsel for the plaintiff and have perused the material available on record.
6. PW1 in his examinationinchief through affidavit Ex.PW1/A has deposed on the lines as narrated in the plaint mentioned above.
7. Case of the plaintiff is that the defendant applied for grant of business loan of Rs.6,00,000/ and considering the said request, the plaintiff vide loan agreement dated 19.04.2010 disbursed a loan of Rs.6,00,000/ to him. However, the plaintiff has not produced the copy of the loan documents to substantiate the same. The case of the plaintiff is that fire broke down in the storage system of the plaintiff and the original documents pertaining to the defendant were burnt and destroyed. To substantiate the same, the plaintiff filed the copy of the FIR Ex.PW1/6. According to the plaintiff original loan documents of the present case got burnt. However, the plaintiff has not even filed the photocopy of the loan documents. Therefore, FIR is of no consequence. As such, the plaintiff has failed to discharge its onus to prove the loan documents.
8. In view of the foregoing discussions, it can be held that the plaintiff failed to prove that it disbursed the loan amount to the defendant and he executed the loan documents to that effect. Therefore, merely on the basis of statement of account Ex.PW 1/7, the plaintiff cannot be held entitled for the suit amount.
3/4 HDFC Bank Ltd. Vs. Krishna Kant Sharma
9. In view of the foregoing discussions, the plaintiff is held not entitled to the relief as prayed for. Therefore, the suit is dismissed. No order as to cost. Decree sheet be prepared accordingly.
File be consigned to Record Room.
Announced in the open court, (PANKAJ GUPTA) On 19th Day of November, 2014. ADJ(Central07)/DELHI 19.11.2014 4/4 HDFC Bank Ltd. Vs. Krishna Kant Sharma