Case Summary
The plaintiffs, Thomas.P. Oommen and Dr. George Varughese, are owners in an apartment complex and are challenging the validity of a new clause that imposes equal maintenance charges irrespective of the flat sizes. The defendants are the apartment owners association and its secretary.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition of the plaintiffs was allowed. The court restrained the defendants from implementing the decision to charge equal monthly maintenance charges until further orders.
Why Plaintiff Won:
The plaintiffs put forth a prima facie case regarding the illegal inclusion of clause 19 in the byelaws for maintenance charges.
The plaintiffs put forth a prima facie case regarding the illegal inclusion of clause 19 in the byelaws for maintenance charges.
Losing Side's Weaknesses:
The plaintiffs put forth a prima facie case regarding the illegal inclusion of clause 19 in the byelaws for maintenance charges.
The plaintiffs put forth a prima facie case regarding the illegal inclusion of clause 19 in the byelaws for maintenance charges.
Supporting Evidence
The legality of the inclusion of clause 19 cannot be conclusively determined without taking elaborate evidence. The petitioner has put forward a prima facie case and it is admitted fact that the maintenance charges were collected that is Rs.2.25 per sq.feet and it has been changed subsequently.
Judgment Evidence:
In the result, the petition is allowed as follows: The defendants are restrained from implementing the decision to charge equal monthly maintenance charge until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas.P. Oommen
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dr. George Varughese
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Favourite Homes Vintage Luxury Apartment Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Secretary, Favourite Homes Vintage Luxury Apartments Owners Association
Plaintiffs Documents
Exts. A1 to A23 were marked from the side of the petitioner.
Defendants Documents
Ext. B1 is marked from the side of the counter petitioners.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Rajmohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Kowdiar Mohandas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from implementing the decision to charge equal monthly maintenance charge.
Evidence:
The defendants are restrained from implementing the decision to charge equal monthly maintenance charge until further orders.
Documents & Evidence
Document Type:
Minutes of the Annual General Body Meeting
Submitted By:
Plaintiff
Relevance:
Presented to show objections raised by the 2 BHK flat owners regarding maintenance charges.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Cited to demonstrate the stipulated maintenance charge clauses.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Cited for the same purpose as Ext.A3.
Reference:
Ext.A4
Document Type:
Minutes of the Defendant Association
Submitted By:
Plaintiff
Relevance:
Cited to provide evidence of the General Body meeting decisions.
Reference:
Ext.A5
Document Type:
Attendance Register
Submitted By:
Defendant
Relevance:
Marked to show attendance for the General Body meetings where decisions were made.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Violation of lease conditions
Case Code
Case between Thomas.P. Oommen et al vs Favourite Homes Vintage Luxury Apartment Owners Association et al regarding declaration, permanent prohibitory injunction and other reliefs.
Case Code Year
Case between Thomas.P. Oommen et al vs Favourite Homes Vintage Luxury Apartment Owners Association et al regarding declaration, permanent prohibitory injunction and other reliefs.