UMC DESIGN STUDIO Vs. AABIR SAIKIA

JUDGEMENT

(1.) The appellant [defendant] has filed the present appeal under Sec. 13(1A) of the Commercial Courts Act, 2015 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 [CPC], impugning the judgment and order dtd. 3/5/2023 [impugned judgment], whereby the suit [CS(COMM) 426/2021 captioned Aabir Saikia v. UMC Design Studio] filed by the respondent [plaintiff], was partially decreed.

(2.) The plaintiff had filed the abovementioned suit seeking recovery of an sum of Rs.6,60,000.00 [Rupees Six lacs sixty thousand] including (i) refund of Rs.1,60,000.00, which the plaintiff alleged was the excess amount paid to the defendant; (ii) Rs.2,00,000.00 (Rupees two lacs) as damages for "incorrect and incomplete fixtures initiated by the defendant"; (iii) Rs.2,00,000.00 (Rupees two lacs) towards mental harassment and torture; and (iv) Rs.1,00,000.00 (Rupees one lac) towards costs.

(3.) The defendant - a sole proprietorship concern - did not file any written statement and was proceeded ex parte. The learned Commercial Court accepted the plaintiff's claim that the defendant was liable to refund a sum of Rs.1,60,000.00, being the amount paid in excess of the quantum of work done. The learned Commercial Court also accepted that the plaintiff was entitled to damages quantified at Rs.2,00,000.00 on account of incorrect and incomplete fixtures, and further a sum of Rs.11,000.00 as costs. The learned Commercial Court decreed the suit accordingly. Plaintiff'S Case