Delhi District Court
Matrix Cellular (International) ... vs Vikrant Khanna S/O Jaganath on 11 April, 2014
DECISION: DECREED
IN THE COURT OF Ms. TANVI KHURANA, CIVIL JUDGE1 (South)
SAKET COURTS NEW DELHI
In the Matter of
Civil Suit No.607/14
Case ID No.02406C0136642011
Matrix Cellular (International) Services Pvt. Ltd.
07, Khullar Farms, 140, New Manglapuri
Mandi Road, Mehrauli, New Delhi110030
Through Its Authorized Representative
Mr. Binod Kumar Sinha. ..............Plaintiff
Versus
Vikrant Khanna S/o Jaganath
R/o J9/57, Rajouri Garden
New Delhi110027. ........... Defendant
Date of institution :02.06.2011/29.01.2014
Date of reserving the judgment :Nil
Date of pronouncement :11.04.2014
Decision :DECREED
Present: Shri Abhinay Gupta, Ld. counsel for the plaintiff.
Defendant exparte vide order dated 27.03.2014
SUIT FOR RECOVERY OF Rs. 16,574/(RUPEES SIXTEEN THOUSAND
FIVE HUNDRED AND SEVENTY FOUR ONLY )
JUDGMENT:
The present suit has been filed by the plaintiff seeking the relief of recovery of Rs. 16,574/(Rupees Sixteen Thousand Five Hundred and Seventy Four only) with interest @ 18 % per annum pendente lite and future interest from the date of filing the suit till its realization. The suit was filed under Order XXXVII of the Code of Civil Procedure, 1908. The application leave to defend was filed Suit No. 607/14 Matrix Cellular (International) Ser. Pvt. Ld. Vs. Vikrant Khanna Page 1of 6 DECISION: DECREED which was kept for consideration, however, on statment of Ld. counsel for the plaintiff the suit was converted into ordinary suit for recovery.
2. Succinctly, the factual matrix culminating into the present case is that the plaintiff is a Private Limited Company incorporated under the Companies Act dealing in International Mobile Rental Services having its registered office at 07,Khullar Farms, 140, New Manglapuri, Mandi Road, Mehrauli, New Delhi110030. The present suit has been filed by the authorised representative Mr. Chandra Shekhar who is the Power of Attorney holder. The Authorised Representative was later substituted to be Mr. Binod Kumar Sinha vide order dated 27.03.2014. The defendant had applied for the International Mobile Connection and procured the Standard Application Form containing the Terms and Conditions. On the basis of the information furnished by the defendant, International Mobile Connection No.017610193986 and 07942846133 under the agreement No. M692458 and M692459.
3. It is further submitted that an amount of Rs. 16,574/ is outstanding which has occurred due to the defendant's usage of the services. Despite requests, the outstanding amount has not been paid. The demands were raised upon the bills. The defendant failed to adhere to the financial discipline. A legal notice dated 13.05.2010 was also issued which was duly received by the defendant. Hence, the present suit has been filed for the recovery of the dues.
4. Summons were issued to the defendant were duly served, however, after conversion of the suit to ordinary suit for recovery Suit No. 607/14 Matrix Cellular (International) Ser. Pvt. Ld. Vs. Vikrant Khanna Page 2of 6 DECISION: DECREED and written statement was to be filed within two weeks from 25.09.2013, however, it was not filed till 02.12.2013 and hence, ld. Predecessor closed the right of the defendant to file the written statement. Thereafter, the defendant stopped appearing and were ultimately proceeded exparte vide order dated 27.03.2014.
5. It is pertinent to mention that the parties were referred twice for mediation, however, no settlement was arrived at.
6. In the exparte evidence, PW1 Sh. Binod Kumar Sinha , Senior Executive Legal, AR of the plaintiff stepped into the witness box and placed reliance upon Ex. PW1/A to Ex PW1/C. Documents Mark 'A' to Mark 'E' were also tendered. Thereafter vide a separate statement dated 27.03.2014, he closed the plaintiff evidence.
7. Ld. Counsel for the plaintiff argued that the documentary proof adduced in the present case is sufficient to establish the claim of the plaintiff. Statement of ledger account has been duly tendered by PW1. All the bills co relating to the amount sought have been placed on record. All the documentary evidence goes on to establish the liability of the defendant without any doubt. The amount outstanding has not been paid. Therefore, suit be decreed in their favour.
8. I have heard the ld. Counsel for the plaintiff and with his kind assistance meticulously gone through entire case record.
9. The main bone of contention in the present case is that whether the plaintiff is entitled to the relief of recovery with interest as sought in the plaint. In order to reach the proper adjudication, it is an imperative on this Court to scrutinize the evidence adduced. In order to discharge the onus, PW1 stepped Suit No. 607/14 Matrix Cellular (International) Ser. Pvt. Ld. Vs. Vikrant Khanna Page 3of 6 DECISION: DECREED into witness box and vide affidavit Ex. PW1/1 reiterated the entire contentions of the plaint. He stated that the amount of Rs.16,574/ is outstanding. He further tendered following documents in his documentary evidence:
Ex. PW1/A (colly) Certificate of incorporation and Board Resolution Ex. PW1/B (colly) Original agreement form Ex. PW1/C Ledger Account Mark A (colly) Legal notice and postal receipts.
Mark B (colly) Tariff plan
Mark C (colly) Copy of passport and Visa of defendant
Mark D Copy of address proof telephone bill
Mark E Copy of itemized bill
10. This is the entire evidence produced by the plaintiff in the present case. It can be seen from these documents that the defendant had applied for the Connection for his use. The agreement form, Ex PW1/ B (colly) was executed and the defendant had duly signed the documents. The copy of the Ledger Account maintained by the plaintiff company for the account of the defendant has also been produced as Ex. PW1/C. The certificate under Section 65 B Indian Evidence Act is also placed on file. It shows that there is an outstanding amount of Rs.16,574.55/.
The bills have also been tendered as Mark E (colly). Copy of legal notice, Mark A (Colly) has been placed on record to substantiate that the claim of Rs. 16,574/ as principal amount and interest at the rate of 18% per annum is outstanding. Postal receipts have also been placed on record to establish the issuance of the legal notice Suit No. 607/14 Matrix Cellular (International) Ser. Pvt. Ld. Vs. Vikrant Khanna Page 4of 6 DECISION: DECREED dated 13.05.2010. It is clearly corroborated that the principal amount mentioned in the statement of account is same as in the legal notice. Further, it is also established that the suit is well within limitation.
11. There is nothing on file to suggest the contrary to the claim of the plaintiff. It is pertinent to note that the defendant did not appear at all in the present case. He has not controverted the claim of the plaintiff by filing of WS or cross examination of the witness or production of evidence as he has not made appearance to rebut the claim of plaintiff. Hence, there is nothing to suspect the fact that Rs.16,574/ is outstanding as principal amount.
12. The testimony of PW1 has been duly corroborated by different documents placed on file and therefore there is nothing to suspect the statement of PW1. All the documentary evidence is on record. In light thereof, it can be noted from all the documents that the principal amount of Rs. 16,574/ is pending and is liable to be paid by the defendant.
13. Then again, what needs to be adjudicated in the present case is the rate of interest. The plaintiff has sought the interest @ 18% per annum from the filing of the suit till the recovery. However, this Court deems the rate of 10% per annum to be fit as 18% is exorbitant and not reasonable.
14. Consequent to the above discussion, case is hereby decreed with costs. Plaintiff is entitled to the decree of recovery of Rs. 16,574/(Rupees Sixteen Thousand Five Hundred and Seventy Four only) as principal amount and interest 10% per annum from the filing of the case till the realization of the decretal amount. Decree Suit No. 607/14 Matrix Cellular (International) Ser. Pvt. Ld. Vs. Vikrant Khanna Page 5of 6 DECISION: DECREED sheet be prepared accordingly. File be consigned to record room after due indexing, paging and completion.
Announced in the open court on 11th April 2014. (TANVI KHURANA) The judgment contains 06 pages, Civil Judge01 (South) all checked and signed by me. Saket Courts/New Delhi 11.04.2014 Suit No. 607/14 Matrix Cellular (International) Ser. Pvt. Ld. Vs. Vikrant Khanna Page 6of 6