Final Order 7

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. RAKESH KUMAR-II JSCC/ASCJ-GUDN
JUDGE NORTH ROHINI COURTS: DELHI
CS SCJ NO. 252/2023
CNR NO. DLNT030004462023
Smt. Babita
W/o Sh. Sonu Bhardwaj
R/o H. No. 472, Kumahar Wali Gali,
Alipur, Delhi-110036.
…….PLAINTIFF
VERSUS
Sh. Lokesh
S/o Sant Ram
R/o H. No. 1331, near Balmiki Chowk,
Alipur, Delhi-110036
……DEFENDANT
Date of institution : 01.03.2023
Date of Order/Judgment : 18.04.2024
EX-PARTE JUDGMENT
1. Vide this ex-parte judgment, I proceed to dispose of the suit for
recovery of Rs. 1,18,250/- (one lakh eighteen thousand two hundred fifty only)
along with pendent lite and future interest @ 18% p.a. due and payable by the
defendant to the plaintiff.
2. In the present case the Plaintiff is a law abiding citizen and
currently living with her family at the given address. It is further submitted that
the Defendant requested for friendly loan from plaintiff on various occasions,
through online mode, payment of which were made by plaintiff commencing
from 29.08.2022 onwards 15.09.2022. Same is also reflected in the bank
account statement of the plaintiff.
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The dates and amount when plaintiff gave loan to the defendant are as follows:
Sr. No. Date From Mode Amount
1. 29.08.2022 Mrs. Babita Online 7,000/-
2. 02.09.2022 Mrs. Babita Online 14,000/-
3. 04.09.2022 Mrs. Babita Online 30,000/-
4. 05.09.2022 Mrs. Babita Online 28,000/-
5. 14.09.2022 Mrs. Babita Online 12,000/-
6. 15.09.2022 Mrs. Babita Online 19,000/-
Total 1,10,000/-
It further averred that in total defendant became liable to pay a sum of
Rs.1,10,000/- (Rupees One Lakh Ten Thousand Only) till 15.09.2022. It is
further averred that on persistent demand by the plaintiff to return the said
amount of Rs. 1,10,000/-, defendant started making excuses that soon he will
refund her loan amount. It is further averred that the plaintiff then got issued a
Legal Notice dated 12.01.2023 through is advocate calling upon the Defendant
to pay the amount of the loan amount, within 15 days. However, despite service
of the said Legal Notice through Whats APP, the Defendant failed to pay the
amount of the said loan amount to the Plaintiff. It is further averred that all
humble request of the plaintiff fell on deaf ears and having exhausted all
remedies, the plaintiff has preferred the instant suit. It is further averred that the
defendant has turned dishonest and betrayed the plaintiff as a result of this, the
plaintiff has suffered mental pain, agony and financial loss.
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It is further averred that the cause of action for filing the present
suit arose in favour of the Plaintiff and against the Defendant. Cause of action
for filing the present suit arose on defendant when the defendant firstly
requested plaintiff for a friendly loan on 29.08.2022. It further arose on various
other occasions when the defendant requested friendly loan from plaintiff int eh
month of September, 2022. It further arose when plaintiff got sent a Legal
Notice dated 12.01.2022 through his advocate calling upon the Defendant to
pay the loan amount within 15 days from the service of the Notice. The cause of
action finally arose when the defendant failed to make any payment against the
said loan amount despite service of the legal demand notice. The cause of action
is still continuing as no payment till date has been made by the defendant to the
plaintiff against the said loan amount.
It is further averred that the defendant is liable to pay Rs. 1,18,250/- (one
lakh eighteen thousand two hundred fifty only) i.e. Rs.1,10,000/- (loan amount)
+ Rs. 8250/- (interest from 19..09.2022 till 15.02.2023), towards the total
amount of the loan/legally recoverable amount alongwith 18% p.a. interest both
future and pendente lite till the realization of the suit.
3. On the basis of averment made in the plaint, plaintiff sought
following reliefs from this Hon’ble court.
A. To pass a decree for a sum of Rs. Rs.1,18,250/- (Rupees One
Lac Eighteen Thousand Two Hundred Fifty only) i.e. Rs. 1,10,000/- loan
amount + Rs. 8520/- interest along with pendelite and future interest @
18% p.a., in favour of the Plaintiff and against Defendant;
B. Award/grant costs of the suit in favour of the plaintiff and
against the defendant.
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C. Any other order (s) or relief (s) which the court may deem fit in
the facts and circumstances of the case may kindly be passed in favour of
plaintiff and against the defendant.
4. Vide order dated 20.09.2023 defendant was declared ex-parte and
matter was fixed for the Ex-Parte PE.
5. To prove its case, the plaintiff examined PW-1 Smt. Babita and
tender her evidence by way of affidavit which is Ex. PW 1/A-1 and bears her
signatures at points A and B respectively. She relied upon the following
documents as under:
1. Copy of the Aadhar Card of plaintiff (OSR) is Ex. PW-1/A.
2. Bank Account statement of plaintiff is Ex.PW-1/B .
3. Copy of legal notice dated 12.01.2023 is Ex.PW-1/C .
4. Copy of screen shot showing the delivery of legal notice through
whatsapp dated 13.01.2023 is Ex. PW 1/D.
5. Certificate U/s 65B of India Evidence Act is Ex.PW-1/E.
6. This Court has heard the arguments, advanced by Ld. Counsel for
the Plaintiff and also has gone through the evidence on record.
7. The Defendant was ex-parte, therefore, the averments made in the
affidavit has gone unrebutted, therefore this Court does not have any reasons not
to disbelieve upon the facts averred by the Plaintiff. In view of the unrebutted
evidence, the Plaintiff has established to the preponderance of probability that
plaintiff is entitled for outstanding dues of Rs. 1,18,250/- (Rupees One Lac
Eighteen Thousand Two Hundred Fifty only).
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8. In the view of court, interest of justice would be served if Plaintiff is
awarded pendentelite and future interest @ 9% per annum on the decreed
amount of Rs.1,18,250/- .
Relief
9. In view of above analysis, the suit of plaintiff is hereby decreed in
favour of plaintiff and against defendant. Accordingly, plaintiff is entitled for
the recovery of amount of Rs. Rs.1,18,250/- (Rupees One Lac Eighteen
Thousand Two Hundred Fifty only) along with interest at the rate of 9% per
annum on the decreed amount of Rs.1,18,250/- (Rupees One Lac Eighteen
Thousand Two Hundred Fifty only) from the date of the institution of the suit
till its realization.
10. Cost of the suit be also awarded to the plaintiff.
Decree sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
Announced in the Open Court
on the day of 18th April 2024.
(Rakesh Kumar-II)
JSCC/ASCJ/Gudn. Judge
North, Rohini Courts, Delhi/18.04.2024
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