Case Summary
The plaintiff, M/s. Mulamoottil Consumer Credits Ltd., is seeking recovery of money from the defendants, Geetha and Thomas, for a loan that was defaulted. The plaintiff claims that the defendants failed to repay the loan of ₹14,202/- along with interest despite being notified.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise ₹14,202/- with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and decreed the suit. The plaintiff is entitled to recover ₹14,202/- along with interest and costs from the defendants' assets.
Why Plaintiff Won:
The defendants did not contest the claims, leading to the plaintiff's evidence being unchallenged.
The defendants did not contest the claims, leading to the plaintiff's evidence being unchallenged.
Losing Side's Weaknesses:
The defendants did not contest the claims, leading to the plaintiff's evidence being unchallenged.
The defendants did not contest the claims, leading to the plaintiff's evidence being unchallenged.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise ₹14,202/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Mulamoottil Consumer Credits Ltd.
- Party Role
- Defendant
- Party Name
- Geetha
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thomas
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Demand Promissory Note dated 28/09/2013, Agreement of hire purchase dated 28/09/2019, Certified Copy of Statement of Account, Copy of Advocate Notice dated 18/05/2017.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasannakumar Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Renjini.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹14,202/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹14,202/- with interest at the rate of 10.10% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 10.10% per annum with monthly rests till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 10.10% per annum with monthly rests till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The document serves as evidence of the loan agreement and the borrower's obligation to repay.
Reference:
Ext.A1
Document Type:
Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the loan was granted for the purchase of a computer.
Reference:
Ext.A2
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document details the outstanding balance and payment history of the loan.
Reference:
Ext.A3
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants regarding the outstanding loan amount and default.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts serve as proof of sending the advocate notice.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards confirm receipt of the advocate notice by the defendants.
Reference:
Ext.A6
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
OS.NO.
Case Code Year
2017