Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No. 3092 of 2019 Exh. 27
MHCC010114062019
Presented on : 06-11-2019
Registered on : 25-11-2019
Decided on : 17-04-2023
Duration : 3 Yr, 04 M, 23 D
Exh. 27.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.3092 OF 2019.
1. Mrs. Jaya Uday Mahale. ]
Aged about 59 years, Occ: Service ]
2. Mr. Ajeet Uday Mahale. ]
Aged about 30 years, Occ: Service, ]
Both residing at C/703, Nikta C.H.S., ]
Ltd., Bamandaya Pada, Military Road, ]
Andheri (East), Mumbai – 400 072. ] .... Plaintiffs.
V/s
1. M/s. Car Bazaar Automobiles Pvt. Ltd. ]
A Private Limited Company, duly ]
registered under the Indian Companies ]
Act having their office at part of Unit ]
No.50 C-Wing, 2nd Floor, Pravasi, ]
Industrial Estate, Off. Aarey Road, ]
Goregoan (East), Mumbai – 400 063.. ]
2. Mr. Kiran Sinha Aged not known, ]
Occ.: Business, Director of Defendant, ]
No.1 Company and having his office at ]
part of Unit No.50, C-Wing, ]
2nd Floor, Pravasi Industrial Estate, ]
Off. Aarey Road, Goregoan (East), ]
Mumbai – 400 063. ]….Defendants.
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Judgment in Suit No. 3092 of 2019 Exh. 27
Appearance:
Adv. Mr. Rajeshwar for the plaintiffs.
Defendants -Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. S. B. Pawar.
Judge.
CR No. : 59.
Date :17th April, 2023.
ORDER
This is a suit for recovery of an amount of
Rs.13,33,332.94/- with interest at the rate of 18% p.a.
Brief facts of the plaintiffs’ case are as under :
2. Plaintiff No.1 is a widow of deceased Mr. Uday Mahale.
Plaintiff No.2 is their son. The deceased Uday Mahale expired in
Mumbai on 11.11.2016. Prior to the death, he had booked car, Hyundai
Creta 1.6 VTVT+(Petrol) from defendant No.1, an authorised dealer of
the cars. Defendant No.2 is Managing Director of defendant No.1.
Deceased Uday Mahale had paid booking amount of Rs.50,000/- on
19.12.2015 and balance amount of Rs.12,94,034/- vide cheque dated
26.12.2015. He had paid entire amount of Rs.13,44,034/- to defendants
and defendants had agreed to deliver the car by 02/03/2016. However,
defendants neither delivered the car nor refunded the amount.
3. The deceased during his life time made repeated requests
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Judgment in Suit No. 3092 of 2019 Exh. 27
to the defendants either to deliver the car or to refund the amount.
After his death, plaintiffs made complaint to Consumer Guidance
Society of India and therein mediation was conducted by Mr. M. S.
Kamat. In the mediation, the defendants agreed to pay the amount of
Rs. 13,44,034/- with interest at the rate of 10% p.a. from 01.03.2016 to
15.12.2017 aggregating to Rs. 15,84,840/-. The defendants had agreed
to pay the said amount by monthly installments of Rs.50,000/-
commencing from January 2018 in the form of 25 post dated cheques.
Out of the 25 cheques, 5 cheques totaling to Rs. 2,60,342/- were
cleared and remaining cheques were not honoured on various grounds.
Even thereafter, the cheque issued by defendants on 21.02.2019 for
Rs.83,137/- was also not honoured. Therefore, ultimately plaintiffs
issued notice dated 27.06.2019 through their advocate calling upon
defendants to pay an amount of Rs.14,79,890/- including interest.
Defendants received the notice, but failed to make the payment. Thus,
the suit is filed to recover the amount with interest.
4. Despite of service of writ of summons, defendants failed to
appear in the suit. Therefore, the suit proceeded exparte against the
defendants.
5. Following points arise for my determination to which I
record my findings for the reasons discussed below.:
Sr. No. POINTS FINDINGS
1. Whether plaintiffs prove that an
amount of Rs.13,33,332.94/- is
due and payable by the defen-
dants to the plaintiffs?
..Yes..
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2. Whether plaintiffs are entitled
to recover the aforesaid amount
with interest from the defen-
dants? At what rate?
..Yes..
Interest at 10% p.a.
3. What order and decree? Suit is decreed.
REASONS
As to Point Nos. 1 to 3:
6. Heard Ld. Adv. for plaintiffs. Plaintiff No.1 filed her
evidence affidavit at Exh. 6 in support of the suit claim. Plaintiffs
relied upon the documentary evidence at Exh. 8 to Exh. 23.
7. The quotation dated 19.12.2015 at Exh. 8 and receipts at
Exh. 9 and 10, respectively reflect that deceased Uday Mahale paid
entire amount of Rs.13,44,034/- to defendants towards the purchase of
the car Hyundai Creta 1.6 VTVT+(Petrol). Document at Exh.11 is email
dated 25.02.2016 sent by the deceased Uday Mahale to defendants
raising grievances about the delayed delivery. Exh.12 is mediation
report with consent terms which indicates that defendants agreed to
pay the sum of Rs.13,44,034/- to plaintiffs by 25 post dated cheques.
8. Exh. 13 to Exh.21(colly) are the documents in respect of
dishonoured memos and the cheques issued by the defendants. These
documents further reflect that the consent terms with report Exh.12
were acted upon by the parties. Documents at Exh.22 and 23 are
notices dated 27.06.2019 and 26.08.2019 issued by the plaintiffs to
defendants calling upon them to repay the outstanding amount.
Defendants have not appeared and contested the suit. Therefore, there
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is no defence to the claim. The documentary evidence supports the suit
claim and it is sufficient to establish the liability of the defendants to
pay the amount of Rs. 13,33,332.94/-.
9. Plaintiffs have claimed interest at the rate of 18% p.a..
However, in the light of the consent terms between the parties, rate of
interest can be fixed at 10% p.a. plaintiffs are entitled to recover the
outstanding amount from the defendants with interest at the rate of
10% p.a. Therefore, point Nos.1 & 2 are answered in the affirmative.
Suit, thus deserves to be decreed. In the result, following order is
passed :-
ORDER
1. The suit No. 3092 of 2019 is decreed with costs.
2. Defendants, jointly and severally, shall pay an amount of
Rs.13,33,332/- to the plaintiffs with interest at the rate of 10%
p.a. from the date of the suit till the entire amount is realised.
3. Decree be drawn up accordingly.
4. Suit No. 3092 of 2019 is disposed off.
(S.B. Pawar)
Judge,
City Civil and Sessions Court
Date.:17.04.2023 Greater Bombay (CR 59)
Declared on : 17.04.2023
Dictated on : 17.04.2023
Transcribed on : 17.04.2023
Checked on : 19.04.2023
Signed on :
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