GROUP INTERIORS Vs. SUBHASH CHACHRA

JUDGEMENT

(1.) This matter is on the Regular Board of this Court since 5.12.2011. It is effective item no.7 as per today's Regular Board. No one appears for the respondent although it is 3.00 P.M. I have therefore heard counsel for the appellant, and after perusing the record am proceeding to dispose of the appeal.

(2.) The challenge by means of this Regular First Appeal is to the impugned judgment of the Trial Court dated 19.2.2002. By the impugned judgment, the suit filed by the appellant/plaintiff for recovery of Rs. 3,21,132/- on account of various furniture items supplied to the respondent/defendant was dismissed and the counter claim of the respondent/defendant was decreed for Rs. 25,000/- with proportionate costs and interest at 12% per annum.

(3.) The facts of the case are that the appellant/plaintiff is the sole proprietorship concern of Smt. Pallavi Anand, wife of Sh.Vijay Anand. The appellant/plaintiff, as the name suggests, was in the business of work of interiors of buildings, including supply of furniture for the said purpose. The appellant/plaintiff pleaded that she wrote a letter dated 14.9.1984 giving the estimated costs for manufacture and supply of the desired furniture items to the respondent/defendant. It was pleaded that the same was approved by the respondent/defendant with slight variations in the items of the furniture to be supplied. The respondent/defendant is also stated to have given a cheque for Rs. 25,000/- towards advance payment for the manufacture and supply of the furniture items. It was further pleaded that the respondent/defendant vide its letter dated 10.10.1984 confirmed the estimated costs of the furniture items to be supplied with slight variations in the items of the furniture. The appellant/plaintiff further pleaded that the necessary furniture items were manufactured and supplied to the respondent/defendant between 18.12.1984 and 11.9.1985, and due receipts were obtained for the furniture items supplied. It was pleaded that the respondent/defendant had assured that the payment will be made in one lump-sum after all the furniture items were supplied. After the supply of all the items of furniture, the appellant/plaintiff submitted its final bill dated 20.9.1985 for the amount of Rs. 2,98,403/- after adjusting Rs. 25,000/- received as advance amount, which was not paid. The appellant/plaintiff therefore filed the subject suit seeking Rs. 2,73,403/- along with claim of interest at 18% per annum at Rs. 47,729.40 totaling to Rs. 3,21,132/-.