Case Summary
The plaintiff, Vinayaka Book House, is a business involved in selling books and is seeking to recover money from the defendants, The Kerala State Co-operative Consumers Federation Ltd. and The Triveni Institute of Pharmacy, for books supplied but not fully paid for. The case involves disputes over amounts due and applicable interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,85,173 along with future interest at the rate of 24% per annum
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover Rs.1,85,173 along with future interest. The defendants are also required to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff successfully established their entitlement to the amounts due based on the terms agreed upon in the quotations.
The plaintiff successfully established their entitlement to the amounts due based on the terms agreed upon in the quotations.
Losing Side's Weaknesses:
The plaintiff successfully established their entitlement to the amounts due based on the terms agreed upon in the quotations.
The plaintiff successfully established their entitlement to the amounts due based on the terms agreed upon in the quotations.
Supporting Evidence
The plaintiff is entitled to get payment for the books within 20 days of delivery. The defendant accepted the books and did not return them.
Judgment Evidence:
The suit is decreed as follows: A) The plaintiff is allowed to recover Rs.1,85,173 (Rupees One lakh Eighty Five thousand One hundred and Seventy Three only) together with future interest at the rate of 24% per annum for the principal amount of Rs.1,48,703 (Rupees One lakh Forty Eight thousand Seven hundred and Three only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vinayaka Book House
- Relation
- represented by its Proprietor Sri. C.R. Ramachandran
- Party Role
- Defendant
- Party Name
- The Kerala State Co-operative Consumers Federation Ltd.
- Relation
- represented by its Managing Director
- Party Role
- Defendant
- Party Name
- The Triveni Institute of Pharmacy
- Relation
- represented by its Principal
Plaintiffs Documents
True copy of the quotations, Order forms, various Bills, Lawyer notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P Ramnath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bepin Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandhya.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antony Tharian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Rajesh Kottakal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Varghese Varghese.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalu Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepak.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Umar Farook
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs.1,85,173 with interest.
Evidence:
The plaintiff is allowed to recover Rs.1,85,173 from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Quotation
Submitted By:
Plaintiff
Relevance:
Quotation dated 14.03.2014 provided the price at which the books are to be billed.
Reference:
Ext.A1
Document Type:
Order form
Submitted By:
Plaintiff
Relevance:
Order form No. CF/PWD/PO No. 01/2014-15 was placed by the 1st defendant for purchasing books.
Reference:
Ext.A2
Document Type:
Order form
Submitted By:
Plaintiff
Relevance:
Order form No. CF/PWD/PO No. 62/2014-15 specified additional books to be procured.
Reference:
Ext.A3
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Bill dated 08.05.2014 confirms the transaction for the books supplied.
Reference:
Ext.A4
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Bill dated 07.08.2014 relates to the books supplied to the 2nd defendant.
Reference:
Ext.A5
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Bill dated 28.10.2014 confirms further supplies.
Reference:
Ext.A6
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Bill dated 31.12.2014 relates to the project's billing.
Reference:
Ext.A7
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Another confirmation of billing with the date of 31.12.2014.
Reference:
Ext.A8
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Bill dated 19.01.2014 provides confirmation of books provided.
Reference:
Ext.A9
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter dated 30.12.2016 demonstrates correspondence regarding payment.
Reference:
Ext.A10
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Further correspondence regarding the payment issue dated 15.03.2017.
Reference:
Ext.A11
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter dated 27.06.2018 shows the 1st defendant's position on payment.
Reference:
Ext.A12
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice dated 30.07.2018 sent demanding payment.
Reference:
Ext.A13
Document Type:
Reminder Notice
Submitted By:
Plaintiff
Relevance:
Reminder notice dated 11.10.2018 for pending payment.
Reference:
Ext.A14
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Confirmation of receipt for legal notice.
Reference:
Ext.A15
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 Vinayaka Book House vs The Kerala State Co-operative Consumers Federation Ltd. et al regarding recovery of money
Case Code Year
Case between Vinayaka Book House vs The Kerala State Co-operative Consumers Federation Ltd. et al regarding recovery of money