Bangalore District Court
M/S Matrix Cellular (International) vs Aisha Ali on 21 March, 2016
C.R.P. 67] Government of Karnataka
Form No. 9
(Civil) TITLE SHEET FOR JUDGEMENTS IN SUITS
Title Sheet for
Judgment in IN THE COURT OF THE SMALL CAUSES AT BANGALORE
Suits
PRESENT: Basavaraj Chengti., B.Com.,LL.B.,(spl)
XVI ADDL. JUDGE,
Court of Small Causes,
BANGALORE.
Dated this the 21st day of March 2016
S.C.No.1337/2015
PLAINTIFF: M/s Matrix Cellular (International)
Services Pvt Ltd.
A company registered under the
companies Act, 1956 and having its
branch office at No.95,
17th B main road,
Koramangala,
Bangalore-560095.
Represented by its executive
Mr.Nazeer
(By pleader Sri KNN)
Vs.
DEFENDANT/S : Aisha Ali,
D/o Mumtaz Ali,
Residing at No.16, Block-12
Nandi Gardens Apartments,
Avalahalli,
Bangalore-560042.
(Exparte)
SCCH-14 2 SC No.1337/2015
Date of institution of the suit: 20.11.2015
Nature of the suit (suit on pronote,
suit for declaration and possession Money suit
suit for injunction, etc.,):
Date of the commencement of 17.03.2016
recording of the evidence:
Date on which the Judgment 21.03.2016
was pronounced:
Year/s Month/s Days
Total duration:
00 04 02
Additional Judge
Note: - The names and descriptions of all the plaintiff's and
defendants as stated in the plaints should be mentioned.
SCCH-14 3 SC No.1337/2015
JUDGMENT
This is a small cause suit for recovery of money.
2. Brief averments of the plaint are as under:
The plaintiff is a Company carrying out the business of International Mobile Connections in the name and style of Matrix Cellular (International) Services Pvt. Ltd incorporated under the provisions of Indian Companies Act, 1956. Mr. Nazeer, Executive has been authorised to represent the plaintiff company. The defendant has applied for International Mobile Connection in Bangalore and procured Standard Application form containing the terms and conditions regarding the usage of said connection. The defendant agreed to hire a mobile connection and categorically signed a statement that he has read and understood the terms and conditions of the agreement Form and agreed to abide by them. Thereafter, several bills were raised on the basis of the defendant's usage of the said mobile connection. In spite of several requests and demands, the defendant has failed to pay a sum of Rs.16,599/- in respect of account code 390361, agreement No.M2131416, Mobile No.15707863887, country of usage was USA. Despite the defendant having specifically and expressly agreed to clear all dues charged for the rental/usage of the mobile connection, has failed to clear dues. Thereafter, the plaintiff through his counsel got issued a legal notice dated 13.12.2014 to the defendant to his address as provided by him in the said agreement and it was duly served upon him, thereby calling upon him to make the payment of the above stated outstanding amount along with interest of 18% per annum. The defendant has neither chosen to reply to the above said notice nor SCCH-14 4 SC No.1337/2015 complied with the demand made in the notice. Hence, the plaintiff has filed this suit for recovery of Rs.16,599/- from the defendant with future interest @ 18 % p.a., from the date of due till realization.
3. Inspite of service of summons by RPAD, the defendant remained absent and hence, he is placed exparte. Then, authorised signatory of the plaintiff has been examined as PW.1 and documents are got marked as Ex.P1 to 6.
4. Heard the arguments and perused the records.
5. Now, the points arise for my consideration are as under:-
1. Whether the plaintiff is entitled for the suit claim?
2. What order or decree?
6. My findings on the above points are as under:-
Point No.1 - Partly in affirmative Point No.2 - As per final order for the following:
REASONS
7. POINT No.1:- In order to prove his case, the plaintiff has examined his authorised signatory as PW.1 and got marked documents as Ex.P1 to 6. The defendant remained exparte.
8. PW.1 Nazeer is the authorised signatory of the plaintiff and he has reiterated entire averments of the plaint and deposed about the business of the plaintiff, about availment of International Mobile Connection by the defendant from the plaintiff with Mobile No.15707863887 under agreement No.M2131416 with account SCCH-14 5 SC No.1337/2015 No.390361 for using the said connection to make calls to USA, about usage of Mobile connection by the defendant, about raising of bills by the plaintiff regarding usage of the defendant, about non payment of Rs.16,599/- by the defendant towards usage charges, demand made by the plaintiff for payment of same, about issuance of notice to the defendant and non compliance of the demand by the defendant. Hence, he has sought for passing Judgment and decree against the defendant as prayed in the suit. His evidence remained unchallenged. There is nothing on record to disbelieve his evidence.
9. The plaintiff has produced Copy of Resolution, Agreement with annexure, Copy of bill, Ledger Extract with certificate, Copy of Legal notice and Postal Receipt to support the oral evidence of PW.1 which are marked as Ex.P1 to 6. These documents corroborate the evidence of PW.1 and reveal that the defendant has availed International Mobile connection from the defendant to make calls to USA, that the defendant has used the said connection for which the plaintiff has raised bills and maintained an account in the name of the defendant, that the defendant was in due of Rs.16,599/- as on the date of suit which remained unpaid inspite of requests, demands and legal notice. PW.1 has deposed about failure of the defendant to pay the amount and his liability to pay interest. His evidence is un-controverted, but there is no agreement between the parties for payment of interest. However, agreement at Ex.P2 and Copy of bills at Ex.P3 disclose that a late fee of Rs.100/- per Rs.5,000/- will be charged for late payment. The contract is a commercial contract. Therefore, I am of the opinion that the plaintiff has proved his case through oral and SCCH-14 6 SC No.1337/2015 documentary evidence, that the defendant was in due of Rs.16,599/- as on the date of suit, that the defendant is liable to pay late payment. He is also liable to pay interest for delayed payment. In the absence of agreement, I am inclined to award an interest @ 12% p.a., from the date of suit till realization. The defendant is liable to pay late fee of Rs.400/- as per the terms and conditions. Thus, the defendant is in due of Rs.16,999/- including late fee. He shall pay the said amount with interest @ 12% p.a., Consequently, I answer the point partly in affirmative.
10. POINT No.2 : In view of above discussion and finding, I pass the following :
ORDER The suit of the plaintiff is partly decreed with cost. The defendant is liable to pay to the plaintiff Rs.16,999/- with interest @ 12% p.a., from the date of suit till realization.
Draw decree accordingly.
(Dictated to the Stenographer, directly on computer and then corrected by me and pronounced in the open court, on this the 21st day of March 2016.) (Basavaraj Chengti) XVI ADDL.JUDGE, Court of Small Causes, BANGALORE.SCCH-14 7 SC No.1337/2015
ANNEXURE Witnesses examined on behalf of the plaintiff :
PW-1 Nazeer Witnesses examined on behalf of the defendants: NIL.
Documents exhibited on behalf of the plaintiffs:
Ex.P1 - Copy of Resolution
Ex.P2 - Agreement with annexures
Ex.P3 - Copy of bill
Ex.P4 - Ledger Extract with certificate
Ex.P5 - Copy of Legal notice
Ex.P6 - Postal Receipt
Defendant's Nil
XVI ADDL.JUDGE,
Court of Small Causes,
BANGALORE.
SCCH-14 8 SC No.1337/2015
Dt.21.03.2016
P-KNN
D-Exparte
For Judgment
Judgment pronounced in open court vide separate judgment.
ORDER The suit of the plaintiff is partly decreed with cost. The defendant is liable to pay to the plaintiff Rs.16,999/- with interest @ 12% p.a., from the date of suit till realization.
Draw decree accordingly.
XVI ADDL.JUDGE, Court of Small Causes, BANGALORE.SCCH-14 9 SC No.1337/2015
DECREE S.C.C.H.NO.14 IN THE COURT OF SMALL CAUSES COURT, AT BANGALORE.
S.C.No.1337/2015 PLAINTIFF: M/s Matrix Cellular (International) Services Pvt Ltd.
A company registered under the companies Act, 1956 and having its branch office at No.95, 17th B main road, Koramangala, Bangalore-560095.
Represented by its executive
Mr.Nazeer
(By pleader Sri KNN)
Vs.
DEFENDANT/S : Aisha Ali,
D/o Mumtaz Ali,
Residing at No.16, Block-12
Nandi Gardens Apartments,
Avalahalli,
Bangalore-560042.
(Exparte)
CLAIM: Suit filed on prays for directing defendant
to pay a sum of Rs. with interest % , costs
and such other reliefs.
This suit coming on for final disposal before
Sri.Basavaraj Chengti., XVI ADDL.JUDGE, CSC, Bangalore, in the presence of Sri/Smt Advocate, for the plaintiff and Sri/Smt Advocate, for the defendant.
And it is further ordered and decreed that defendant do pay to the plaintiff sum of Rupees SCCH-14 10 SC No.1337/2015 being the amount of costs incurred in this suit, as by memorandum annexed with interest thereon at per cent per annum from this date unto the date of realization.
[ ORDER The suit of the plaintiff is partly decreed with cost. The defendant is liable to pay to the plaintiff Rs.16,999/- with interest @ 12% p.a., from the date of suit till realization.
Given under my hand and the seal of the Court this Day of 2015.
REGISTRAR, COURT OF SMALL CAUSES, Bangalore.
MORANDUM OF COST INCURRED IN THIS SUIT By the Plaintiff Defendant Court fee on plaint Court fee on power Court fee on exhibits Service of process + Postal charges Commissioner's fees Pleaders fee __________________________ Total of Rs. ___________________________ Amount payable by the defendant to the plaintiff is Rs.
Decree Drafted Scrutinised by DY. REGISTRAR, COURT OF SMALL CAUSES, BANGALORE.
Decree Clerk SHERISTEDAR
SCCH-14 11 SC No.1337/2015
s