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O.S. No.713/2023

Case between M/s Heera Life Style Apartment Owners Association vs Sumithra regarding realization of money

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-03-15
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s Heera Life Style Apartment Owners Association filed a suit against Sumithra for recovery of unpaid dues related to maintenance and construction costs of the apartment complex. The defendant defaulted on her payments despite repeated notices from the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, allowing them to recover Rs.4,68,520 along with interest from the defendant for unpaid dues related to the maintenance of the apartment complex.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,68,520 along with interest at the rate of 12% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover Rs.4,68,520 along with interest from the defendant for unpaid dues related to the maintenance of the apartment complex.
Why Plaintiff Won:
The plaintiff established a case by providing evidence of the amounts due and the defendant's default in payment.
Losing Side's Weaknesses:
The plaintiff established a case by providing evidence of the amounts due and the defendant's default in payment.
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.4,68,520 with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: Defendant shall pay Rs.4,68,520 along with interest @12% per annum from the date of suit till the date of decree and @ 6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Heera Life Style Apartment Owners Association
Relation
represented by its President N. G. Ramakrishnan, S/o Neelakandan Gopalan Nair
Party Role
Defendant
Party Name
Sumithra
Party Age
54
Relation
W/o D. Suryakant
Plaintiffs Documents
Photocopy of certificate of Registration No. EKM/TC/34/2018 of the Plaintiff, Memorandum of Association and Bye Laws of the plaintiff, Office copy of lawyer notice issued to the defendant with postal receipt, Notice addressed to defendant returned unclaimed, Certified copy of statement of account in respect of apartment No. 5F owned by defendant maintained by plaintiff association along with certificate under Section 65B of Indian Evidence Act.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Philip.T. Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Thomas.T. Varghese
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Achu Subha Abraham
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Amala Purushothaman
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Kallyani.G. Menon
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sapna Shaji
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Urmila.M.G
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Salwa.T. Muhammed
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Thahseem.M
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant shall pay Rs.4,68,520 along with interest.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type: Recovery
Outcome: Granted
Description:
Defendant's personal assets are liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
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: Photocopy of certificate of Registration
Submitted By: Plaintiff
Relevance:
This document establishes the registration of the plaintiff association.
Reference:
Ext.A1
Document Type: Memorandum of Association and Bye Laws
Submitted By: Plaintiff
Relevance:
This document outlines the governing rules of the plaintiff association.
Reference:
Ext.A2
Document Type: Office copy of lawyer notice
Submitted By: Plaintiff
Relevance:
This notice was issued to the defendant regarding payment demands.
Reference:
Ext.A3
Document Type: Notice returned unclaimed
Submitted By: Plaintiff
Relevance:
This notice was sent to the defendant but was returned as unclaimed.
Reference:
Ext.A4
Document Type: Certified copy of statement of account
Submitted By: Plaintiff
Relevance:
This document details the financial obligations of the defendant to the plaintiff association.
Reference:
Ext.A5

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 M/s Heera Life Style Apartment Owners Association vs Sumithra regarding realization of money
Case Code Year
Case between M/s Heera Life Style Apartment Owners Association vs Sumithra regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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