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O.S No. 138/2021

Case between M/s Royal Castle Tiknar Apartment, Owner’s Welfare Association vs V.G.Udayakumar regarding recovery of maintenance dues

Court
I Additional Munsiff Court
Judge
Sri. Nanda Krishna M.
Order Date
2024-11-29
Duration
approximately-3 years 11 days
Case Closed
Fri, 11/29/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The Royal Castle Tiknar Apartment Owner's Welfare Association filed suits against multiple residents for unpaid maintenance dues. The defendants argued that the association lacked the legal authority to claim these dues due to non-compliance with the Kerala Apartment Ownership Act.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff association, identifying the defendants as liable for outstanding maintenance dues. The amounts to be recovered include interest from the date of the suit until realization.
Judgment Favored
Plaintiff
Relief Granted
Recovery of amounts due along with interest
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff association, identifying the defendants as liable for outstanding maintenance dues. The amounts to be recovered include interest from the date of the suit until realization.
Why Plaintiff Won:
The plaintiff proved entitlement for maintenance dues under the applicable society registration act.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The plaintiff association is a judicial person lawfully registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, of 1955, and the provisions of the said act permit the plaintiff to sue any member who may be in arrear of a subscription which according to the rules of the society he is bound to pay.

Judgment Evidence:

In the result, the suits are decreed as follows; O.S. 138/2021 is decreed in part as follows; Plaintiff is entitled to recover Rs. 1,42,100/- with interest at the rate of 9% per annum from the date of the suit till date of decree and at the rate of Rs 6% per annum from the date of the decree till realisation.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Royal Castle Tiknar Apartment, Owner’s Welfare Association
Party Role
Plaintiff
Party Name
Varghese Varkey
Party Age
46
Relation
S/o
Party Role
Plaintiff
Party Name
Sindhu Narayankutty
Party Age
55
Relation
W/o
Party Role
Plaintiff
Party Name
Satish Paryarath
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
V.G.Udayakumar
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Mathew Chacko
Party Role
Defendant
Party Name
Joy C.G.
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Santharam V
Plaintiffs Documents
Certificate of registration of plaintiff Association, Memorandum of Association, Byelaw, Minutes of general body meeting
Defendants Documents
Certified copy of plaint filed in OS 778/17

Advocates

Party Role
Plaintiff
Advocate Name
George Thomas M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V.A.Johnson
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Partly Granted
Description:
Plaintiff's request to recover dues amounting to 1,63,300/- from the defendant.
Evidence:
Defendant No.1 is found liable to pay Rs. 1,42,100/- being the sum of money obtained after deducting the amount claimed as cost of construction of security shed and the amount claimed as gratuity contribution which is found as per the discussions above.
Relief Type: Recovery
Outcome: Partly Granted
Description:
Plaintiff's request to recover dues amounting to 57,633/- from Defendant No.2.
Evidence:
Defendant No.2 is found liable to pay Rs. 50,133/- to the plaintiff being the sum of money obtained after deducting the amount of Rs. 7,500/- from the amount claimed, which was found to have been paid by him subsequent to filing of the suit.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff's request to recover dues amounting to 55,000/- from Defendant No.3.
Evidence:
Defendant No.3 is found liable to pay Rs. 55,000/- to the plaintiff.
Relief Type: Recovery
Outcome: Partly Granted
Description:
Plaintiff's request to recover dues amounting to 63,340/- from Defendant No.4.
Evidence:
Defendant No.4 is found liable to pay Rs. 62,140/- being the sum of money obtained after deducting the amount claimed as gratuity contribution which is found as per the discussions above.

Documents & Evidence

Document Type: Memorandum of Association
Submitted By: Plaintiff
Relevance:
This document establishes the objectives and governance of the plaintiff association.
Reference:
Ext.A1
Document Type: Byelaw
Submitted By: Plaintiff
Relevance:
This document outlines the operational guidelines and rules for the plaintiff association.
Reference:
Ext.A2
Document Type: Certificate of registration of plaintiff Association
Submitted By: Plaintiff
Relevance:
It verifies the legal registration of the plaintiff association under relevant laws.
Reference:
Ext.A3
Document Type: Permanent account number card
Submitted By: Plaintiff
Relevance:
This document connects to the financial operations of the plaintiff association.
Reference:
Ext.A4
Document Type: Minutes of Meeting
Submitted By: Plaintiff
Relevance:
It records decisions made regarding the maintenance and funds collected from members.
Reference:
Ext.A5
Document Type: minutes of General Body meeting
Submitted By: Plaintiff
Relevance:
It details resolutions concerning the management of community fees.
Reference:
Ext.A6
Document Type: Quotations for painting and renovation works
Submitted By: Plaintiff
Relevance:
It provides cost details for maintenance works that were approved.
Reference:
Ext.A9
Document Type: Audit report
Submitted By: Plaintiff
Relevance:
This document provides a financial overview and accountability of the association's expenditures.
Reference:
Ext.A15 series
Document Type: Letters and communications issued by members of proxy representation
Submitted By: Plaintiff
Relevance:
It shows how the members authorized representation in meetings.
Reference:
Ext.A11
Document Type: Certified copy of plaint filed in OS 778/17
Submitted By: Defendant
Relevance:
This document establishes ongoing legal proceedings related to the disputes.
Reference:
Ext.B1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Royal Castle Tiknar Apartment, Owner’s Welfare Association vs V.G.Udayakumar regarding recovery of maintenance dues
Case Code Year
Case between M/s Royal Castle Tiknar Apartment, Owner’s Welfare Association vs V.G.Udayakumar regarding recovery of maintenance dues

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/01/2021 - 12:00
Case Closed
Fri, 11/29/2024 - 12:00
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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