Case Summary
Kosamattom Finance Ltd filed a suit against Suma Sumesh and others for the recovery of a security deposit related to a lease agreement. The plaintiff sought the return of the deposit after vacating the leased premises, but the defendants contested the claims citing damages and unpaid rents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay 2,70,010/- with interest at the rate of 18% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, directing the defendants to pay the claimed amount along with interest. The plaintiff successfully established their entitlement to the security deposit as per the lease agreement.
Why Plaintiff Won:
The defendants failed to provide adequate evidence for their claims against the plaintiff.
The defendants failed to provide adequate evidence for their claims against the plaintiff.
Losing Side's Weaknesses:
The defendants failed to provide adequate evidence for their claims against the plaintiff.
The defendants failed to provide adequate evidence for their claims against the plaintiff.
Supporting Evidence
The plaintiff has succeeded in establishing their claim with substantial evidence and therefore plaintiff is entitled to the relief sought for.
Judgment Evidence:
In the result, the suit decreed as follows: 1) The defendant is directed to pay 2,70,010/- with interest at the rate of 18% per annum from the date of suit till the date of decree and thereafter future interest at the rate of 6% per annum from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kosamattom Finance Ltd
- Party Role
- Defendant
- Party Name
- Suma Sumesh
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Prasad Purushothaman
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suchithra.S
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Certified Copy of Resolution dated 10/02/2023, Authorisation letter dated 08/01/2024, Copy of Lease Agreement dated 01/09/2023.
Defendants Documents
Notice Issued by the plaintiff to the first defendant, Notice Issued by the plaintiff company to the first defendant, Office copy of Lawyer Notice.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ajesh.G.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.L.Sree
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Deepa.P.N.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of ₹2,70,010/- with interest.
Evidence:
The defendant is directed to pay 2,70,010/- with interest at the rate of 18% per annum from the date of suit till the date of decree...
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is allowed to claim the costs of the suit from the defendant.
Evidence:
The plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Certified copy of resolution
Submitted By:
Plaintiff
Relevance:
Marking the authorization of the representative for the plaintiff company.
Reference:
Ext.A1
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
Providing evidence of the authority given to the Branch Manager.
Reference:
Ext.A2
Document Type:
Copy of Lease Agreement
Submitted By:
Plaintiff
Relevance:
Establishing the terms of the lease for the property.
Reference:
Ext.A3
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the return of security deposit.
Reference:
Ext.A4
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
Request for the return of the keys to the premises.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the notice by the defendant.
Reference:
Ext.A6
Document Type:
Notice Issued by the plaintiff to the first defendant
Submitted By:
Defendant
Relevance:
Document citing the communication from the plaintiff.
Reference:
Ext.B1
Document Type:
Notice Issued by the plaintiff company to the first defendant
Submitted By:
Defendant
Relevance:
Detailed notice from the plaintiff regarding due payments.
Reference:
Ext.B2
Document Type:
Office copy of lawyer notice
Submitted By:
Defendant
Relevance:
Communication sent on behalf of the defendant.
Reference:
Ext.B3
Document Type:
Acknowledgment Card of Ex.B3 Notice
Submitted By:
Defendant
Relevance:
Proof of receipt of the lawyer's notice.
Reference:
Ext.B4
Document Type:
Copy of complaint
Submitted By:
Defendant
Relevance:
Complaint filed by the defendant regarding the dispute.
Reference:
Ext.B5
Document Type:
Estimate
Submitted By:
Defendant
Relevance:
Estimation of expenses incurred for maintenance of the building.
Reference:
Ext.B6
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Bill presenting expenses related to utilities.
Reference:
Ext.B7
Document Type:
Payment Receipt
Submitted By:
Defendant
Relevance:
Receipt for payment made regarding the electricity bill.
Reference:
Ext.B8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Kosamattom Finance Ltd vs Suma Sumesh et al regarding recovery of money
Case Code Year
Case between Kosamattom Finance Ltd vs Suma Sumesh et al regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt