Plaint for recovery of INR 34,866 with interest for unpaid goods supplied
0 of 20 blanks filled
IN THE MATTER OF:-
M/S. Plaintiff firm's trade name TRADING
Having its Office at Plaintiff's office address,
Plaintiff's city – 1100Plaintiff's postal code digits.
Through its Proprietor, Mr. Plaintiff's proprietor's name: PLAINTIFF
VERSUS
MR. Defendant's name Defendant's surname
Sole Proprietor,
M/S. Defendant's firm name
At Defendant's address,
Defendant's city – 201Defendant's postal code digits.
GSTIN: Defendant's GSTIN: DEFENDANT
(P.S. Police station)
SUIT FOR RECOVERY OF AN AMOUNT OF INR 34,866/- (THIRTY FOUR THOUSAND EIGHT HUNDRED AND SIXTY SIX ONLY) ALONG WITH INTEREST @ 18% P.A., COSTS AND DAMAGES.
MOST RESPECTFULLY SHOWETH:-
1.That the Plaintiff is, inter alia, engaged in the business of trading and retailing of tubes, pipes, hoses and fittings and similar other products, and is highly reputed, having earned immense goodwill owing to its work ethics and professionalism in its field. That the Plaintiff has a large base of reputed customers who can vouch for its genuineness, commitment and professionalism.
2.That the Defendant had approached the Plaintiff at its registered office at Plaintiff's registered office address, Plaintiff's city, and represented that his firm is a proprietorship concern and that the Defendant is the sole proprietor of M/s. Defendant's firm name, and that he manages the day-to-day operations, affairs, overall control and responsibilities of all transactions and business carried on in the name of the said firm. That the Defendant requested the Plaintiff to supply goods, namely tubes, pipes, hoses of different sizes and fittings. In accordance with the agreed terms and conditions, the Defendant placed various verbal purchase orders for the supply of goods, and the Plaintiff duly supplied the same and raised various invoices in accordance with the agreed terms. It is pertinent to mention that, at the time of placing the purchase orders and at the time of delivery, the Defendant categorically assured the Plaintiff that timely payments would be made against the invoices raised by the Plaintiff.
3.That all the goods supplied to the Defendant were readily accepted by the Defendant without any objection or demur. That, since goods of the requisite quality had been supplied by the Plaintiff to the satisfaction of the Defendant, the Defendant was under an obligation to remit payment in time against the invoices raised upon him in respect of the goods so supplied.
4.That the Plaintiff raised various invoices upon the Defendant in respect of the goods supplied, and the said invoices were duly accepted and acknowledged by the Defendant. Against the said invoices, the Defendant made part payments to the Plaintiff on a running-account basis; however, till date the Defendant has failed to pay the entire outstanding amount due to the Plaintiff.
5.That the Defendant purchased the goods from the Plaintiff, and the Plaintiff maintained a running account in its books of account, kept in the normal course of its business. As per the said ledger of account, the total outstanding amount due and payable by the Defendant is INR 34,866/- (Thirty Four Thousand Eight Hundred and Sixty Six Only) as on Date of ledger statement, along with interest @ 18% p.a. on the delayed payments with effect from Date of last invoice (the date of the last invoice raised upon the Defendant). In respect of the goods supplied, the Plaintiff raised invoices upon the Defendant demanding payment of the amount due, and such invoices were duly accepted and acknowledged by the Defendant.
6.It is further submitted that, after the goods ordered by the Defendant from the office of the Plaintiff were delivered, the Plaintiff requested the Defendant on numerous occasions to release the payment of the amount due; however, the Defendant kept deferring the matter on one pretext or another in order to delay and avoid payment of the amount due to the Plaintiff.
7.That, acting upon the representations and the personal assurance given by the Defendant, the Plaintiff supplied all the goods as ordered and, without any default, delivered the products in a timely manner as and when required by the Defendant.
8.It is further submitted that the Plaintiff has not received payment in respect of the various goods supplied to the Defendant. Despite patiently following up with the Defendant for several months for payment of the acknowledged amount of INR 34,866/- (Thirty Four Thousand Eight Hundred and Sixty Six Only), the Defendant has failed to make the payment, as a result of which the Plaintiff has been constrained to file the present plaint against the Defendant for recovery of the said outstanding amount.
9.That the Defendant has been non-cooperative and has continuously lingered on the issue of payment to the Plaintiff, taking undue advantage of the Plaintiff's services. That such conduct on the part of the Defendant has resulted in loss to the Plaintiff.
10.Further, it is apparent that the Defendant acted with mala fide intentions in availing of the Plaintiff's goods and services from time to time and never intended to honour the terms and conditions of the invoices or to pay the acknowledged outstanding amount, notwithstanding the personal assurances given by the Defendant. The Defendant has deliberately delayed payment and clearance of his liability towards the Plaintiff, which amounts to an unfair practice and has caused considerable loss to the Plaintiff.
11.That it was mutually agreed between the parties that interest would be payable @ 18% p.a. on the overdue and unpaid outstanding amount. That, despite invoices having been raised up to Date of last invoice, an amount of INR 34,866/- (Thirty Four Thousand Eight Hundred and Sixty Six Only) remains due and payable by the Defendant to the Plaintiff, in addition to interest @ 18% p.a. on the delayed payments with effect from Date of last invoice (the date of the last invoice raised upon the Defendant).
12.That the Plaintiff has been regularly attempting to contact the Defendant and has sought meetings with his officials/representatives on several occasions; however, all such requests of the Plaintiff have gone in vain. That, despite numerous requests made by the Plaintiff, the Defendant, acting with mala fide intent from the very outset, has repudiated the Plaintiff's requests. That till date the Plaintiff has suffered substantial financial losses, including loss of business opportunities, and consequent hardship, for which the Defendant is solely and legally liable.
13.That the axiomatic fact emerging from the above is that the Defendant, with dishonest and mala fide intentions, has cheated the Plaintiff, thereby causing wrongful loss to the Plaintiff and wrongful gain to himself.
14.That, as per the ledger account maintained by the Plaintiff, an amount of INR 34,866/- (Thirty Four Thousand Eight Hundred and Sixty Six Only) is due and payable by the Defendant to the Plaintiff, along with interest @ 18% p.a. on the delayed payments with effect from Date of last invoice (the date of the last invoice raised upon the Defendant) till the date of realisation, in addition to payment of damages and costs.
15.That aggrieved by the deceptive and deliberate acts of the Defendant and his failure to pay the amount due and payable, the Plaintiff was constrained to issue a Legal Notice dated Date of legal notice (hereinafter referred to as the “Legal Notice”) to the Defendant, whereby the Plaintiff called upon the Defendant to make payment of the due amount to the Plaintiff. The Defendant has, till date, failed to respond to the said notice and has failed to clear the outstanding amount as demanded in the said Legal Notice.
16.That the Plaintiff is entitled to recover a sum of INR 34,866/- (Rupees Thirty Four Thousand Eight Hundred and Sixty Six Only), along with interest on delayed payment at the rate of 18% per annum from Date of last invoice till the date of realisation, from the Defendant.
17.That the Plaintiff requested the Defendant on several occasions to make payment as aforesaid; however, the Defendant has failed and neglected to make the payment due from it. The Plaintiff, having no other option, has been constrained to approach this Hon’ble Court for recovery of the outstanding due amount.
18.That the cause of action for filing the present suit arose on various occasions when the goods were supplied to the Defendant and when the Defendant made payments towards its legally enforceable liability as per the ledger account statement. The cause of action arose in the month of Month cause of action arose when the Defendant approached the Plaintiff for supply of the goods, and since then up to Date of last invoice, the Defendant placed several orders and the Plaintiff supplied the goods/material to the Defendant on a running account basis. The cause of action further arose on Date of last invoice, when the Plaintiff raised the last invoice for the goods supplied to the Defendant. The cause of action further arose on Date of legal notice, when the Plaintiff issued a legal notice of demand to the Defendant, which was duly served upon the Defendant, but the Defendant failed to respond to the said notice till date. That the cause of action for the present suit is a continuing and recurring cause of action, as the Defendant has failed to clear the outstanding payment to the Plaintiff, and the obligation of the Defendant towards the Plaintiff is still subsisting and continuing; hence, the present suit is filed within the prescribed period of limitation.
19.That for the purpose of the relief of recovery, the suit is valued at INR 34,866/- (Rupees Thirty Four Thousand Eight Hundred and Sixty Six Only), along with interest on delayed payment at the rate of 18% per annum from Date of last invoice. The Plaintiff has paid the appropriate court fee of Court fee paid towards the same. Further, the Plaintiff undertakes to pay any deficient court fee, if required.
20.That the captioned matter falls within the jurisdiction of this Hon’ble Court as, pursuant to the invoices raised by the Plaintiff (and duly accepted by the Defendant), the parties had amicably chosen to confer jurisdiction on the courts at New Delhi for resolution of disputes between them. Furthermore, the Plaintiff is located and registered within the jurisdiction of this Hon’ble Court; hence, this Hon’ble Court has the jurisdiction. That the Defendant is under an obligation to make payment to the Plaintiff at the registered office of the Plaintiff (being within this jurisdiction); hence, this Hon’ble Court has the territorial jurisdiction. Moreover, the orders were placed at the registered office of the Plaintiff, meetings took place at the registered office of the Plaintiff, and the payment requests were made/raised from the registered office of the Plaintiff; hence, this Hon’ble Court has the jurisdiction, as the cause of action also arose in favour of the Plaintiff within the jurisdiction of this Hon’ble Court. That the payment requests were made by the Plaintiff to the Defendant from its registered office, which falls within the jurisdiction of this Hon’ble Court; hence, this Hon’ble Court has the jurisdiction.
21.That the present suit is valued at less than Rupees Three Lakhs and therefore does not fall under the Commercial Courts Act. Further, the present suit is within the period of limitation.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to: -
a.Pass a decree in favour of the Plaintiff and against the Defendant, directing the Defendant to make payment of the total outstanding amount of INR 34,866/- (Rupees Thirty Four Thousand Eight Hundred and Sixty Six Only), along with interest on delayed payment at the rate of 18% per annum from Date of last invoice till its realisation, to the Plaintiff;
b.Award interest at such rate as may be decided by this Hon’ble Court pursuant to Order VII Rule 2A of the CPC, from the due date till the date of filing of the captioned suit, along with interest from the date of institution of the captioned suit till the date of the final decree;
c.Award/impose appropriate costs of the suit, payable by the Defendant, as may be decided by this Hon’ble Court pursuant to Section 35 of the CPC; and
d.Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
DELHIPLAINTIFF
**THROUGHADVOCATE**
DATED:
VERIFICATION: -
Verified at New Delhi on this Date of verification day of the month and year noted above that the statements made in paragraphs 1 to ….. are true to my knowledge, the statements made in paragraphs ….. to ….. are based on information received and believed by me to be correct, and the statements made in paragraphs ….. to ….. are based on legal advice; no part thereof is false and nothing material has been concealed therefrom. The last paragraph contains the prayer to this Hon’ble Court.
PLAINTIFF