Bangalore District CourtUnknown vs Ruckmongathan T Narasingarao on 17 November, 2020IN THE COURT OF THE III ADDL.CITY CIVIL & SESSIONS JUDGE,\n              BENGALURU CITY (CCH No.25).\n\n         Dated: This the 17th day of November, 2020.\n\n        Present: Sri. SACHIN KAUSHIK R.N., B.Sc., LL.M.,\n              III Addl.City Civil & Sessions Judge, Bengaluru.\n\n\n                    O.S.No. 263/2017\n\n   Plaintif     M/s. MATRIX CELLULAR (INTERNATIONAL)\n                SERVICES PVT. LIMITED, a company\n                registered under theCompanies Act, 1956,\n                and having its Branch Office at No.95, 17th\n                B Main Road, Koramangala, Bengaluru\n                -560095, Represented by its Executive,\n                Mr.Nazeer.\n\n                            by Sri. Kashyap N. Naik, Advocate.\n           vs .\n   Defendant    RUCKMONGATHAN T NARASINGARAO,\n                Aged about 64 years, Son of\n                Temkar Santhuramarao Narasingarao,\n                Residing at No.B-26, SFS Colony,\n                4th 'B' Cross, Yelahanka New Town,\n                Bengaluru -560064.\n                                 by Smt.K.M.Rohini, Advocate.\n\n   Date of institution                  09-01-2017\n   Nature of suit                    Recovery of Money\n   Date of commencement of              19-07-2018\n   evidence\n   Date of pronouncement of               17-11-2020\n   Judgment\n   Total Duration                 Years    Months       Days\n                                    03        10         08\n                           2\n                                                O.S.No.263/2017\n\n                    JUDGMENTThe Plaintif, which is a Company Registered\nunder theCompanies Act, 1956has filed this Suit for\nrecovery of Rs.3,78,570/- from the Defendant along\n18% interest per annum from the date of due, i.e.,\n9-1-2014, till realization.2)     The Plaintif states that it is leading\ntelecom solutions for Indian travellers going abroad\nand the Defendant has availed the services of the\nPlaintif Company from May to July 2012. The\nDefendant has cleared the bills vide credit card.\nThereafter, the Defendant had planed a trip to Japan\nfrom 30-11-2013 to 8-12-2013. The Defendant on\n26-11-2013 had taken from the Plaintif a Japan sim-\ncard vide Agreement/Sale Reference No.11000509509.\nThe Defendant also requested the Plaintif to send the\nbill to his e-mail address. The said Agreement was\nentered on 26-11-2013. The Defendant travelled to\nJapan      from   30-11-2013   to   8-12-2013   and   the\nDefendant raised the bill on 2-12-2013 and then\nanother bill on 9-1-2014 for total 3,78,570.88/-. The\nDefendant had used the sim for making calls, texting\nmessages and Internet. The Plaintif on non-payment\nof amount has issued notice, and Defendant has3O.S.No.263/2017\n\ncontended that he has           not availed any Internet\nfacility. The Plaintif states that if the mobile data is\nkept on, there will be transmission and flow of data\nwhich becomes chargeable. Accordingly, the Plaintif\nprays to decree the Suit.3)        The Defendant has filed Written Statement\nthat he has not used any Internet from 30-11-2013 to\n7-12-2013, and as such he is not liable to pay the\namount, though he admits that he has taken the sim\nand   entered       into   Agreement.     Accordingly,   the\nDefendant has prayed for dismissal of the Suit.4)   The Court has framed the following 4 Issues:1.      Whether the Plaintif proves that the\n                   Defendant availed services from it to\n                   the tune of Rs.3,78,570/-?2.      Whether the Plaintif further proves\n                   that it is entitled for interest at 18% as\n                   prayed for?3.      Whether the Plaintif is entitled for the\n                   reliefs as prayed for?4.      What Order or Decree?5) a) The Plaintif has examined its Authorised\nOfficer Executive (Credit Control), as P.W.1, and got 9\nDocuments exhibited.4O.S.No.263/2017b)     The Defendant has examined himself as\nD.W.1, and got 2 documents exhibited.6)      Heard Learned Advocate for Plaintif and\nperused all documents.7) The answers to the above Issues are:Issue No.1 - In the Affirmative,\n               Issue No.2 - Partly in the Affirmative,\n               Issue No.3 - Partly in the Affirmative,\n               Issue No.4 - As per Final Order,\nfor the following:REASONS8) a)    Issues No.1 to 3:        As these Issues are\ninterconnected,      they       are   taken   together    for\nconsideration.b)      The Authorised Officer of the Plaintif\nCompany      Executive      (Credit     Control)/P.W.1   has\nproduced the Letter of Authorization, Ex.P1, Certified\nCopy of Certificate of Incorporation, Ex.P2, Certified\nCopy of Resolution dated 7-9-2015, Ex.P3, Online\nAgreement dated 26-11-2013 is marked as Ex.P4, bill\ndated 9-1-2014, Ex.P5, Account Ledger, Ex.P6, Legal\nNotice, Ex.P7, Postal Receipt, Ex.P8 and Certificate5O.S.No.263/2017\n\nu/S.65(B)(4)of Indian Evidence Act, Ex.P9.          The\nDefendant has produced the e-mail Messages, Ex.D1\nand Programme of Conference in booklet, Ex.D2.c)    On perusal of these documents and the\npleadings, it is admitted by the Defendant that he had\navailed services of the Plaintif on his tour to Japan\nand he admits the Agreement Ex.P4, in Paragraph No.4\nof Cross-Examination of D.W.1. In Paragraph No.6 of\nthe Agreement of D.W.1, D.W.1 clearly admits that he\nhad done 2 text bills and one international voice call\nand disputes the remaining. There is no document\ncontrary to Ex.P5, which contains itemized bills\nshowing the duration in hours, minutes and seconds,\ndistance, surcharge with amount. Ex.P6 is the amount\nalong with Gateway Credit Card charges. There is\nnothing contrary to Exs.P5 and P6, to disbelieve same,\nand the Court finds that the Plaintif has proved that\nthe Defendant is liable to pay Rs.3,78,570.88 as on\n9-1-2014. However, the interest claimed by the\nPlaintif is very high, and the Court finds that the\nPlaintif is entitled for reasonable interest, and\naccordingly Issue No.1 is answered in the Affirmative\nand Issue Nos.2 and 3, Partly in the Affirmative.6O.S.No.263/20179)     Issue No.4 : For the aforesaid reasons, this\nCourt proceeds to pass the following:ORDER\n\n            The Suit of the Plaintif is Partly\n     Decreed with costs.The   Defendant   is   Ordered    to     pay\n     Rs.3,78,570/- (Rupees Three Lakh Seventy\n     Eight Thousand Five Hundred and Seventy\n     Only) to the Plaintif with 9% simple interest\n     per annum from 9-1-2014 till realization.Draw Decree accordingly.(Dictated to the Judgment Writer, transcription\ncomputerized, then corrected and pronounced by me in\nOpen Court on this the 17th day of November, 2020.)\n\n\n\n                                (Sachin Kaushik R.N.)\n                      III Addl. City Civil & Sessions Judge,\n                                    Bengaluru.7O.S.No.263/2017\n\n\n                        ANNEXURE\n\nList of witnesses examined for the plaintif :P.W.1 - Mohan Kumar P\n\nList of witnesses examined for the Defendant :D.W.1 - Ruckmongathan T. Narasinga Rao\n\nList of documents exhibited for the plaintif:Ex.P1 - Authorization Letter\nEx.P2- True Copy of Certificate of Incorporation\nEx.P3- Extract of Resolution dated 7.9.2015\nEx.P4- Print out of Online Agreement\nEx.P5- Print out of Bill issued by Plaintif\nEx.P6- Ledger Account extract of Defendant\n       maintained by Plaintif\nEx.P7- Office Copy of Legal Notice\nEx.P8- Postal Receipt\nEx.P9- Certificate issuedu/S.65(B)of Evidence Act\n\nList of documents exhibited for the Defendant:Ex.D1 - e-mail Messages\nEx.D2 - Programme of Conference containing Booklet\n        of 127 pages\n\n\n\n\n                                 (Sachin Kaushik R.N.)\n                       III Addl. City Civil & Sessions Judge,\n                                     Bengaluru.8\n    O.S.No.263/2017