Case Summary
Sivalekshmi.A.S filed a suit against Riya Travel Solutions and its directors for the recovery of money after being promised an employment visa that was never provided. The plaintiff paid Rs.4,00,000 for the visa which turned out to be false.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of 4,32,000₹ with interest at the rate of 8% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover Rs.4,32,000 from the defendants with interest. The suit was decided in favor of the plaintiff due to the unchallenged evidence provided.
Why Plaintiff Won:
The evidence was sufficiently compelling to establish that the defendants owed the amount to the plaintiff as claimed in the suit.
The evidence was sufficiently compelling to establish that the defendants owed the amount to the plaintiff as claimed in the suit.
Losing Side's Weaknesses:
The evidence was sufficiently compelling to establish that the defendants owed the amount to the plaintiff as claimed in the suit.
The evidence was sufficiently compelling to establish that the defendants owed the amount to the plaintiff as claimed in the suit.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit. There is no reason to disbelieve PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of 4,32,000₹ with interest at the rate of 8% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till realisation of the suit from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivalekshmi.A.S
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Riya Travel Solutions
- Party Role
- Defendant
- Party Name
- Mujeeb Ebrahim
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sameema.A
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Agreement dated 03/04/2021, Copy of reply of mail from Suncor Energy Company dated 07/04/2021, Cheque bearing No.155094 dated 25/09/2021, Return memo report dated 01/10/2021.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Lijo Roy.L.D.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹4,32,000/- from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of 4,32,000/- with interest at the rate of 8% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants shall pay the costs of the suit to the plaintiff.
Evidence:
The defendants shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the agreement between the plaintiff and the defendants regarding the employment visa.
Reference:
Ext.A1
Document Type:
Copy of reply of mail from Suncor Energy Company
Submitted By:
Plaintiff
Relevance:
This document shows the response from the Suncor Energy company regarding the employment offer, which was found to be false.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque issued by the defendants serves as evidence of their obligation to return the amount paid by the plaintiff.
Reference:
Ext.A3
Document Type:
Return Memo Report
Submitted By:
Plaintiff
Relevance:
This report indicates that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A4
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 Sivalekshmi.A.S vs Riya Travel Solutions et al regarding recovery of money
Case Code Year
Case between Sivalekshmi.A.S vs Riya Travel Solutions et al regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour