The duty of the Plaintiff to maintain proper track records, invoices, delivery challans, vouchers, and other documentary proof in transportation business.

JUDGMENT

(Prayer: This Appeal Suit has been filed, under Section 96 of CPC, read with Order 41 Rule 1 of CPC, against the judgment and decree, dated 22.01.2015 made in OS.No.7450 of 2012 by the XV Additional Judge, City Civil Court, Chennai.)

1. This appeal suit has been filed, by the Plaintiff, against the judgment and decree, dated 22.01.2015 made in OS.No.7450 of 2012 by the XV Additional Judge, City Civil Court, Chennai.

2. The suit was filed for recovery of a sum of Rs.11,37,157.40/- with interest at 18% p.a. from the date of the plaint till realization.

3. The case of the Plaintiff is that the Plaintiff is a common carrier for reward engaged by the Defendant for transportation of their materials and products all over India. The Defendant had placed vehicle contract vouchers and the Plaintiff rendered their transportation services from Chennai to various destinations in India. The Defendant had accepted the offer made by the Plaintiff and approached the Plaintiff and appointed them as their carriers for their safe carriage and delivery. The Defendant had entrusted various consignments to the Plaintiff on various dates under various consignment notes. The Plaintiff, acknowledging such entrustment of consignments, had issued various goods consignment notes on various dates to the Defendant. The Plaintiff had delivered all the consignments covered under various goods consignment notes. After effecting delivery, the Plaintiff had raised their bills on the Defendant towards their freight charges. The Defendant is liable to pay the Plaintiff the bill amount within 30 days from the date of the bill and as far as the freight bills are concerned, it was further agreed by the Defendant that if the Defendant do not pay the freight charges within 30 days, they will be liable to pay interest on the bill amount at 18% per annum. The Defendant, in spite of repeated requests and demand letters, did not make the payment for the freight bills. The Defendant has paid only a sum of Rs.3,78,042/- on 01.04.2012 by way of a cheque. The Plaintiff had issued a legal notice to the Defendant, dated 26.09.2012 and the same was returned as “left”. Hence the suit was filed for recovery of money.

4. The suit was resisted by the Defendant, by filing a written statement, contending that the Plaintiff is making claims, without any basis and based on false invoices, which are in no way concerned with the transactions between them. The payments would be made only for the proper services rendered with correct invoices pertaining to Vehicle Contract Voucher, Vehicle Utilization Voucher issued by the Defendant and submitted along with the details of the VUV/CVC and original proof of delivery document. The Plaintiff cannot raise invoices if the above mentioned requirements are not complied with. It is the duty of the Plaintiff to maintain proper track records, invoices, delivery challans, vouchers and other documentary proof pertaining to all the transactions. The Plaintiff did not carry out the services as set out in the plaint. The invoices have not been received by the Defendant, except the nine invoices for a total sum of Rs.3,59,978/-. The Defendant had made an advance payment of Rs.3,44,442/- to the Plaintiff vide cheque, dated 11.09.2009. This advance amount has been set off and there is a difference of Rs.11,589/- in payment and the same is on account of deductions made towards penalty and excess charges claimed by the Plaintiff. The Defendant has not acknowledged the delivery of consignment and not agreed to pay the outstanding amount as claimed by the Plaintiff. There is no due payable by the Defendant to the Plaintiff and the entire claim made by the Plaintiff is fictitious. The documents filed by the Plaintiff do not relate to the Defendant. Most of the documents do not carry details of the Vehicle Utilization Voucher or Vehicle Contract Voucher. There are no proper endorsements or acknowledgments on the invoices. Most of the invoices raised are time bar