Case Summary
The plaintiff, Sree Chitra Tirunal Institute for Medical Science and Technology, sought recovery of an amount of ₹1,50,000/- from the defendants, who consist of Dr. Jayasree. S. Kumar and her daughter Amrithasree. The court found that the plaintiff had mistakenly overpaid the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹1,50,000/- with 6% interest from the date of the suit and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, awarding the recovery of ₹1,50,000/- with interest due to overpayment issues. The defendants were ordered to pay the costs of the suit as well.
Why Plaintiff Won:
Plaintiff proved that the defendants received a payment by mistake and were liable to refund it.
Plaintiff proved that the defendants received a payment by mistake and were liable to refund it.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
PW1 deposed that the payment of ₹1,50,000/- by cheque No. 183792 dated 16.11.2016 was made due to a mistake, as the cash payment of ₹1,50,000/- made on 03.11.2016 was overlooked. This was an unintentional error and there was no negligence involved.
Judgment Evidence:
In the result; the suit is decreed as follows: -(a)The plaintiff is entitled to realise an amount of 1,50,000/- (Rupees One Lakh Fifty Thousand Only) with 6% interest from the date of the suit, till date of realisation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Chitra Tirunal Institute for Medical Science and Technology
- Party Role
- Defendant
- Party Name
- Dr. Jayasree. S. Kumar
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Amrithasree
- Party Age
- 35
- Relation
- D/o
Plaintiffs Documents
KBF sanction order No. KBF - TVM/F4/20148/2016, True copy of bank receipt, True copy of cash receipt No. 4580, Copy of IP Bill No. 8026, True copy of bank payment voucher No. 4207, True copy of bank payment voucher No.4229
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover ₹1,50,000/- with interest from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of 1,50,000/- (Rupees One Lakh Fifty Thousand Only) ₹ with 6% interest from the date of the suit, till date of realisation from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to recover costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
KBF Sanction Order
Submitted By:
Plaintiff
Relevance:
This document was presented to show the sanction for an advance payment of ₹2,00,000/- made by the 1st defendant.
Reference:
Ext.A1
Document Type:
Bank Receipt
Submitted By:
Plaintiff
Relevance:
This was marked to evidence the payment of ₹2,00,000/- by cheque from the 1st defendant.
Reference:
Ext.A2
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
This document confirms the cash payment of ₹1,50,000/- made by the 1st defendant.
Reference:
Ext.A3
Document Type:
Inpatient Bill
Submitted By:
Plaintiff
Relevance:
This bill shows the total expenditure incurred for the treatment of the 1st defendant.
Reference:
Ext.A4
Document Type:
Bank Payment Voucher
Submitted By:
Plaintiff
Relevance:
This document was used to evidence the payment made to the 1st defendant.
Reference:
Ext.A5
Document Type:
Bank Payment Voucher
Submitted By:
Plaintiff
Relevance:
This document was also used to evidence the payment made to the 1st defendant.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was issued to demand the amount due from the defendants.
Reference:
Ext.A10
Document Type:
Confirmation letter from SBI bank
Submitted By:
Plaintiff
Relevance:
This document confirms the payment made to the 1st defendant.
Reference:
Ext.A11
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This letter authorized the PW1 to represent the plaintiff in the case.
Reference:
Ext.A12
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This statement was marked to show the payments made to the 1st defendant.
Reference:
Ext.A13
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This statement provides details on the payments related to the 1st defendant.
Reference:
Ext.A14
Document Type:
Admission Record
Submitted By:
Plaintiff
Relevance:
This record indicates the admission of the 1st defendant to the hospital.
Reference:
Ext.A15
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
2018
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour