Case Summary
The plaintiffs, M/S.P.T.C Builders and its partners, are seeking to recover a sum of ₹8,74,418.83 from the defendant, John T. Varghese, for the sale of an apartment he agreed to purchase. The defendant has partially paid but has not completed the payment despite the plaintiffs fulfilling their obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is awarded a decree for realisation of ₹8,74,418.83 with future interest of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs and ordered the defendant to pay ₹8,74,418.83, along with interest and costs. The defendant was found liable for not completing the payment as stipulated in the purchase agreement.
Why Plaintiff Won:
The defendant failed to make the balance payment as per the agreement.
The defendant failed to make the balance payment as per the agreement.
Losing Side's Weaknesses:
The defendant failed to make the balance payment as per the agreement.
The defendant failed to make the balance payment as per the agreement.
Supporting Evidence
Furthermore with respect to the contention that there is delay in issuance of occupancy certificate by the plaintiff it is seen that the plaintiff had filed a writ petition before the Hon’ble High Court as WP(C). No.7236/2017 wherein the Hon’ble High Court has directed the Corporation to issue occupancy certificate to the apartments.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to a decree for realisation of Rs.8,74,418.83/- with future interest of 12% per annum from the date of suit till the date of decree and thereafter with interest @ 6% per annum till its realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S.P.T.C Builders
- Party Role
- Plaintiff
- Party Name
- Biju Jacob
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mr.Nitin Jacob Biju
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- John T. Varghese
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Nil Agreement, The Statement of Account, The Certified Copy of Judgment, Partnership Deed, Registration Certificate
Defendants Documents
Nil Original Power of Attorney
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Ajakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ravindranathan.N.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Thejan Raj
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Kokila Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to a decree for realisation of ₹8,74,418.83 with interest.
Evidence:
The plaintiff is entitled for realisation of ₹8,74,418.83/- from the defendant with interest at the rate of 12% per annum for the principal sum of ₹7,28,683/-.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement between the defendant and the first plaintiff firm for the sale of apartment No.7A.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement showing that an amount of ₹7,28,683 is due from the defendant.
Reference:
Ext.A2 series
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Judgment of the Kerala State Consumer Disputes Redressal Commission regarding the defendant's complaint.
Reference:
Ext.A3
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
The deed confirming the partnership of the first plaintiff firm.
Reference:
Ext.A4
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
The registration certificate of the plaintiff firm.
Reference:
Ext.A5
Document Type:
Original power of attorney
Submitted By:
Defendant
Relevance:
The power of attorney authorizing the representative of the defendant.
Reference:
Ext.B1
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 M/S.P.T.C Builders et al vs John T. Varghese regarding recovery of money
Case Code Year
Case between M/S.P.T.C Builders et al vs John T. Varghese regarding recovery of money