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O.S. No. 1099 /2018

Case between Santhosh Kumar.S vs Sree Narayana Vidya Peetam Public School regarding realization of money

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2024-08-09
Duration
approximately-6 years 4 months 9 days
Case Closed
Fri, 08/09/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Santhosh Kumar.S filed a suit against Sree Narayana Vidya Peetam Public School for the recovery of money paid as donation and fees. The plaintiff contended that the school failed to provide promised conveyance facilities for his son.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiff was not entitled to recover the amounts claimed. Consequently, the suit was dismissed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff was not entitled to recover the amounts claimed. Consequently, the suit was dismissed.
Key Reasoning:
Plaintiff's claim was not substantiated as he admitted that the fees paid were non-refundable and that he voluntarily paid the donation.
Why Defendant Won:
Plaintiff's claim was not substantiated as he admitted that the fees paid were non-refundable and that he voluntarily paid the donation.
Supporting Evidence
The court noted that the plaintiff had acknowledged that the amounts provided were considered donations and not refundable, thus lacking merit for the claim.

Judgment Evidence:

Hence the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Santhosh Kumar.S
Party Age
41
Relation
S/o
Party Role
Defendant
Party Name
Sree Narayana Vidya Peetam Public School
Relation
represented by its Manager
Plaintiffs Documents
Fees receipt No.119 for Rs.20,000, Fees receipt No. 026 for Rs.1,000, E-fee receipt for Rs.5,250, Book list for Rs.2,245, Receipt No.3 for uniform.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
A.Balagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rajagopalan.A
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sreedass.K.P.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P.G. Jayashankar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Linta Varhese
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sheba Rivy Simon
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Jayakiran.C
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Likhitha.T.S
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
Plaintiff sought recovery of Rs. 35,155/- from the defendant.
Evidence:
Hence the claim of plaintiff for demand for payment is not having any merit.

Documents & Evidence

Document Type: Fees Receipt
Submitted By: Plaintiff
Relevance:
Document evidencing the payment of Rs.20,000/- made by the plaintiff.
Reference:
Ext.A1
Document Type: Fees Receipt
Submitted By: Plaintiff
Relevance:
Document evidencing the payment of Rs.1,000/- made by the plaintiff.
Reference:
Ext.A2
Document Type: E-fee receipt
Submitted By: Plaintiff
Relevance:
Document evidencing the payment of Rs.5,250/- for term fees.
Reference:
Ext.A3
Document Type: Book list
Submitted By: Plaintiff
Relevance:
List for class III with an amount of Rs.2,245/-.
Reference:
Ext.A4
Document Type: Uniform receipt
Submitted By: Plaintiff
Relevance:
Receipt for the purchase of a uniform T-shirt.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Office copy of lawyer notice issued to the defendants.
Reference:
Ext.A6
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment card duly signed and returned.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Santhosh Kumar.S vs Sree Narayana Vidya Peetam Public School regarding realization of money
Case Code Year
Case between Santhosh Kumar.S vs Sree Narayana Vidya Peetam Public School regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 03/30/2018 - 12:00
Case Closed
Fri, 08/09/2024 - 12:00
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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