JANAK INFOTECH Vs. WINTECH E-COMMERCE

JUDGEMENT

(1.) THIS is a suit filed by the plaintiff/franchisee for recovery of Rs.80,46,224/- (Rupees eighty lacs forty six thousand two hundred twenty four only) along with interest against the franchiser partnership firm/defendant No.1 and the partners, who are defendants No.2 to 10.

(2.) THE facts of the case are that the plaintiff and defendant No.1/partnership firm entered into a ,,Satellite Franchise Agreement dated 24th March, 2000, Ex. PW.1/3, under which the plaintiff provided its premises admeasuring 7000 sq. ft. at N-9, South Extension, Part-I, New Delhi for running of a computer centre alongwith the new hardware and software for running of the computer training franchise centre. Defendant No.1/franchiser had the responsibility to run the franchise centre by employing trained professionals to teach the courses and also supplying the necessary study material and so on. The defendant No.1 was to get a total amount of Rs. 21,40,000 (Rupees twenty one lacs, forty thousand only) and Rs. 18,60,000/- (Rupees eighteen lacs, sixty thousand only) i.e. Rs. 40,00,000/- as initial Franchise Fee as per para 5(i) of the Agreement Ex.PW.1/3. Defendant No.1 was also entitled to collect the entire fees, and the plaintiff was entitled to receive 10% of the collected fees amount subject to a minimum of 2% p.m. and maximum of 6% p.m. of the actual investment done. Plaintiff was also entitled to monthly license fee of Rs. 6,20,000/- (Rupees six lacs, twenty thousand only). Some of relevant clauses of Agreement Ex.PW.1/3 are as under:-

(3.) THE plaintiff has made averments in the plaint, which have been supported by the affidavit by way of evidence filed as Ex.PW1/A, that the plaintiff made necessary investment for running of the centre, the centre began to run, the defendants committed default in performing of their obligations by not paying the licence fee or the minimum guaranteed commission fee. In fact, the plaintiff was forced to pay the salary of the staff, which was an obligation of the defendants under the Agreement Ex. PW1/3.