Dr. Pramod Hatwal vs Acu Magnetic Treatment Centre Llc
2013 Latest Caselaw 837 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 1364/2009

       DR. PRAMOD HATWAL                      ..... Plaintiff
                    Through: Mr. Keshav Thakur, Advocate with
                             plaintiff in person.

                             versus

       ACU MAGNETIC TREATMENT
       CENTRE LLC                                        ..... Defendant
                   Through: None.


%                                     Date of Decision: 19th February, 2013

CORAM:
HON'BLE MR. JUSTICE MANMOHAN

                                 JUDGMENT

MANMOHAN, J (Oral)

1. Present suit for recovery of money on account of breach of agreement of service has been filed with the following prayers:-

"a) for Rs.1,25,00,000/- on account of breach of contract of service;

b) Interest past and future @ 18% PA as and when accrued due pendente lite.

       c)      cost of litigation.

       d)     Any other relief or reliefs deemed just and proper in the
       facts and circumstances of the case."

2. Initially the suit was filed as an indigent petition. However, on 06th July, 2009, leave under Order 33 Rule 1-A CPC was granted by this Court and the plaintiff was permitted to sue as an indigent person. On 24th September, 2010, defendant was proceeded ex parte.

3. The relevant facts of the present case are that defendant published an advertisement in Times of India in 2001 inviting applications for the post of Acupressure and Magnetic Therapy Doctor in its private clinic at Ruwi in Muscat (Oman). It is stated that in the interview plaintiff was successful and he was selected for the aforesaid post at a monthly salary of Rs.30,500/-.

4. On 25th September, 2001 the plaintiff joined the defendant and thereafter completed three months of probation. Subsequently, the plaintiff worked for nine months with the defendant, but was never paid any monthly salary except a monthly stipend just for survival purposes.

5. In the plaint, it has been stated that due to non-payment of salary, plaintiff was on the verge of starvation. Realising that he had been defrauded, plaintiff after disposing of his belonging and exhausting his credit returned to India on 01st June, 2002. Learned counsel for the plaintiff states that just before his departure, plaintiff was paid a sum of Rs. 50,000/- by defendant.

6. On his return, the plaintiff lodged a complaint for fraud and deceit against the defendant with its agent Mr. Harjinder Singh. But to no avail.

7. During the trial, plaintiff tendered evidence by way of affidavit of not only himself, but also that of Mr. Deepak Sharma son of Mr. B.S. Sharma, Mrs. Sita Devi wife of Mr. Ramesh Chand and Mr. Pradeep Kumar son of Mr. Jeevan Singh.

8. From the aforesaid statements, it is apparent that the plaintiff had travelled to Ruwi in Muscat (Oman) at his own expense after being employed as Acupressure and Magnetic Therapy Doctor at a monthly salary of Rs.30,500/-. In the evidence, it has also been stated that apart from non- receipt of salary during the nine months stay, plaintiff had spent Rs.50,000/- as travel expense on his flight from Delhi to Oman including Visa and Rs.20,000/- for buying clinical equipments for defendant. Consequently, the outstanding salary and expenses total to Rs.3,44,000/-.

9. Keeping in view the facts and circumstances of the present case, this Court also awards a sum of Rs.56,000/- as costs and damages.

10. Consequently, present suit is decreed for Rs.4,00,000/- against the defendant along with future interest @ 10% per annum from the date of decree to the date of payment. Registry is directed to prepare a decree sheet accordingly.

MANMOHAN, J FEBRUARY 19, 2013 js