Bangalore District Court
M/S Shyam Spectra Private Limited vs M/S Connect India E-Commerce on 21 August, 2019
Form No.9 (Civil)
Title sheet for
Judgment in Suits
(R.P.91)
IN THE COURT OF III ADDL. JUDGE AND MOTOR
ACCIDENT CLAIMS TRIBUNAL, BENGALURU. (SCCH-18)
Dated : This 21st day of August 2019
Present: SRI.MAHANTESH S.DARGAD
B.Sc., LL.B.,
III ADDL. JUDGE &
MEMBER, MACT.
COURT OF SMALL CAUSES,
BANGALORE.
S.C. No.132/2019
Plaintiff M/s Shyam Spectra Private Limited,
(Earlier known as M/s Citycom Net works
Pvt. Ltd., ) Incorporated under Companies
Act, 1956 Having its Registered Officer at
A-60, Naraina Industrial Area, Phase-I,
New Delhi-110 028, And its Regional
Office at No.494, 1st floor, CMH road,
Indira Nagar,
Bengaluru-560 038.
Represented by its Authorised Signatory
and Senior Executive Admin & HR
Mr.Nataraj B.M.,
Son of Mr.B.Muniyappa,
Aged about 42 years,
2 SCCH-18 S.C.132/2019
(By Pleader Shri S.Basavaraj)
V/s
Defendant M/s Connect India E-Commerce,
Having its Corporate Office at Services
Private Limited, No.648/L, Ambaram
Estate Building,
Indiranagar, Bengaluur-560 038.
Represented by its Chief Financial Officer
(CFO)
Muralikrishna Yarla
(Exparte)
Date of institution of the suit: 23.1.2019
Nature of the suit (suit on pronote,
suit for declaration and possession
suit for injunction etc.): Money recovery
Date of commencement of
recording of the evidence: 13.8.2019
Date on which the judgment
is pronounced : 21.8.2019
Total duration: Years Month/s Days
0 6 28
3 SCCH-18 S.C.132/2019
J U D G M E N T
This is a suit filed by the plaintiff against defendant for recovery of money of Rs.30,461/- together with interest at 18% p.a. from the date of suit till its realisation.
2. The plaintiff's case in brief is that, the plaintiff is a incorporated company formerly known as "Citycom Networks Private Limited" and has changed its name to "Shyam Spectra Private Limited". The defendant is also the company through its officials approached the plaintiff company for 24 hour high speed internet/Broadband Services. Accordingly, on 22.7.2015 the defendant placed an order vide purchase order. Thereafter the parties executed a customer agreement form on 23.7.2015 setting out the terms and conditions for providing services. In order to provide services to the defendant, the plaintiff had set up and installed customer premises equipment at the designated installation address of the defendant on returnable basis and had 4 SCCH-18 S.C.132/2019 incurred expenses to the tune of Rs.15,000/- for the same. The services satisfactorily installed and commissioned at the request of the defendant at their premises from the plaintiff's networks operation centre at Okhla, New Delhi and an account No.9021687 was allotted to the defendant for providing the services. Consequent to the installation, the plaintiff started providing the services to the defendant from 23.7.2015 and the same were used by the defendant for which the plaintiff had raised periodic invoices as agreed.
3. The plaintiff company continued to provide the internet services to the defendant through its net work operation centre till the time the defendant's account was deactivated due to non- payment of service charges by the defendant. The defendant persistently defaulted in making payments against the invoices raised by the plaintiff for the services availed by it. 5 SCCH-18 S.C.132/2019
4. The plaintiff further stated that, after the deactivation of the defendant's link, the plaintiff had asked the defendant to return the customer premises equipment installed by the plaintiff at its premises or to pay Rs.15,000/- to the cost of such equipment. The defendant has neither returned the plaintiff's equipment nor has it paid the cost of such equipment.
5. The plaintiff's representatives had chased the defendant for a considerable period to get the outstanding payment towards material supplied and services availed by the defendant without any result. The plaintiff left with no other option served a legal notice dated 10.6.2017 calling upon the defendant to pay the total sum of Rs.15,461/- and Rs.15,000/- towards the cost of unreturned CPE installed at the defendants' designated installation totaling to Rs.30,461/-. The defendant despite of service of the said legal notice did not care to make the payments towards the services availed by it.
6 SCCH-18 S.C.132/2019
6. The cause of action arose on when the parties executed a customer agreement form on 27.7.2015, thereafter on 27.4.2017 when the plaintiff raised the last invoice reflecting the entire balance outstanding on account of service charges and such other dates within the jurisdiction. Hence, this suit.
7. In response to the suit summons, defendant has not appeared before the court, placed exparte.
8. In order to prove the plaint averments, Senior Executive of the plaintiff company is examined as PW1 and got marked the document at Ex.P1 to Ex.P7 and closed its side evidence.
9. Heard arguments.
10. The points that arise for Court consideration are as under:
1) Whether the plaintiff proves that he provide the Broadband internet Access (BIA-10) Services to the defendant and he is due to pay a sum of Rs.30,461/-?7 SCCH-18 S.C.132/2019
2) Whether the plaintiff is entitled for the relief as prayed in the plaint?
3) What order or decree?
11. My answer to the above points is as under:
Point No.1 & 2:In the Affirmative Point No.3: As per final order for the following:
R E A S O N S
12. Point No.1 & 2:
The plaintiff company has filed his affidavit as his chief- examination as PW1. The affidavit evidence of PW1 is nothing but replica of plaint averments. The plaintiff in support of the oral evidence has produced the documents marked as Ex.P1 to Ex.P7 such as, Copy of resolution of plaintiff, purchase order, customer agreement form, invoice, certificate U.S. 65 (B) of Indian Evidence Act, computer copy of Ledger account, legal notice and postal receipt respectively. On perusal of Ex.P1 to Ex.P7, it reveals that, 8 SCCH-18 S.C.132/2019 the plaintiff has installed the high speed connectivity for broad bank/internet access as per the purchase order of the defendant and the defendant make use of the same has not paid the invoice amount and also customer premises equipment installed by the plaintiff to the tune of Rs.30,461/-. Inspite of repeated requests, he did not pay the balance amount of Rs.30,461/-. Therefore, the plaintiff has issued legal notice calling upon the defendant for payment of the due amount of Rs.30,461/-. Inspite of it he did not clear the due amount. After service of summons, defendant did not appear before the court and placed exparte. Now the defendant is due for a sum of Rs.30,461/-. So, the evidence of PW1 and the contents of the plaint averments are remained unchallenged. If at all the defendant has any grievance about the transaction, he would have appeared before the court and contested the case by filing the written statement, which in turn leads to adverse inference against him. On perusal of oral evidence 9 SCCH-18 S.C.132/2019 of PW1 and the documents placed before the court, it is clear that the plaintiff has proved his case through oral and documentary evidence.
13. However, interest claimed by the plaintiff at 18% p.a. is appears to be very exorbitant. Therefore, interest at the rate of 12% p.a. is to be considered, it will be more appropriate. Accordingly, I answer the Point No.1 & 2 in partly Affirmative.
14. Point No.3:
In view of my answer to the point No.1, I proceed to pass the following:
O R D E R The suit of the plaintiff is decreed with costs.
The defendants is hereby directed to pay the decreetal amount of Rs.30,461/- together with interest at 12% p.a. from the date of petition till the date of realisation within two months from the date of this order.10 SCCH-18 S.C.132/2019
Draw decree accordingly.
(Dictated to the stenographer online, corrected by me and then pronounced in the open court this the 21st day of August 2019) (MAHANTESH S.DARGAD) III ADDL JUDGE, COURT OF SMALL CAUSES, BANGALORE.
ANNEXURE List of Witnesses examined for Plaintiff:
PW1 Shri Nataraj B.M. List of documents exhibited for plaintiff:
Ex-P1 Resolution of plaintiff Ex-P2 Purchase Order Ex-P3 Customer agreement form Ex-P4 Invoice
Certificate U.S. 65(B) of Indian Evidence act Ex.P5 Computer copy of ledger account Certificate U.S. 65(B) of Indian Evidence act Ex.P6 Copy of legal notice Ex.P7 Postal receipt List of Witnesses examined for defendant :
None 11 SCCH-18 S.C.132/2019 List of documents exhibited for defendant:
Nil (MAHANTESH S.DARGAD) III ADDL JUDGE, COURT OF SMALL CAUSES, BANGALORE.