Case Summary
The plaintiff, DD Golden Gate Apartment Owners Association, represented by its Secretary, has filed a suit against the defendant, Arun Kuriakose, for failing to pay outstanding maintenance and LPG charges. The total amount due is Rs.62,450/- for maintenance and Rs.7,010/- for LPG, which the plaintiff claims the defendant has neglected to settle.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.64,914/- along with interest @6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay Rs.64,914/- to the plaintiff along with interest at the rate of 6% per annum from the date of the suit until payment is realized. The defendant's assets are also liable to satisfy the decree debt.
Why Plaintiff Won:
The plaintiff established a case for the amount due based on the obligations in the bye-laws of the Association.
The plaintiff established a case for the amount due based on the obligations in the bye-laws of the Association.
Losing Side's Weaknesses:
The plaintiff established a case for the amount due based on the obligations in the bye-laws of the Association.
The plaintiff established a case for the amount due based on the obligations in the bye-laws of the Association.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.64,914/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.64,914/- (Rupees Sixty four thousand nine hundred and fourteen only) along with interest @6% per annum from the date of suit till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- DD Golden Gate Apartment Owners Association
- Relation
- Represented through its Secretary Sajith R Nair
- Party Role
- Defendant
- Party Name
- Arun Kuriakose
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Lawyer notice dated 08.10.2022, Postal receipt, Original notice returned unclaimed dated 20.10.2022, Certified copy of account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P G Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover Rs.64,914/- from the defendant, along with interest.
Evidence:
Defendant is directed to pay Rs.64,914/- (Rupees Sixty four thousand nine hundred and fourteen only) along with interest @6% per annum from the date of suit till the date of payment or realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate that a legal notice was issued to the defendant regarding the outstanding dues.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document was used to confirm the sending of the lawyer's notice to the defendant.
Reference:
Ext.A2
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that the legal notice sent to the defendant was returned marked 'unclaimed'.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document provided a true copy of the account statement to substantiate the claimed dues from the defendant.
Reference:
Ext.A4
Document Type:
Certification under Section 65B
Submitted By:
Plaintiff
Relevance:
This document served as a certification under the Indian Evidence Act, supporting the admissibility of the account statement.
Reference:
Ext.A4(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between DD Golden Gate Apartment Owners Association vs Arun Kuriakose regarding realization of money.
Case Code Year
Case between DD Golden Gate Apartment Owners Association vs Arun Kuriakose regarding realization of money.