Case Summary
Anoop K R, the plaintiff, is suing Cherian Mathew and M/s Izzet Realtors for the recovery of an advance paid for a villa that was never completed. The plaintiff alleges fraud and seeks a refund along with compensation for distress caused by the defendants' actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.5,38,160/- along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case of non-fulfillment of contract and dishonor of cheque.
The plaintiff established a case of non-fulfillment of contract and dishonor of cheque.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.5,38,160/- (Rupees Five lakhs thirty eight thousand one hundred sixty only) along with interest @12% per annum for the principal amount of Rs.4,43,000/- (Rupees Four lakhs forty three thousand only) from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Plaintiffs
Anoop K R (33 years)
Villa 13, Unitac Senam Villas, Dr. Ambedkar Road, Kureekad, Chottanikkara, Thrippunithura, Kerala, Pin-682305
Defendants
Cherian Mathew (29 years)
4C, Asset Luminaire, Cheruparambath Road, Kadavanthra, Ernakulam, Pin code: 682020
M/s Izzet Realtors (Age not specified years)
F115, Pioneer Towers, Shanmugham Road, Marine Drive, Ernakulam, Pin code – 682031
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 5,38,160/- with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.5,38,160/- with interest from defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 12% per annum and 6% thereafter.
Evidence:
Defendants are directed to pay interest at the rate of 12% per annum from the date suit till the date of decree, and 6% from the date of decree till the date of payment or realization.
Relief Type:
Damages
Outcome:
Refused
Description:
Claim for Rs. 2,00,000/- as compensation and damages.
Evidence:
The plaintiff has sought for Rs.2,00,000/- as compensation and damages but no evidence was adduced to show that he has suffered damages if any.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original of the sale agreement dated 18.11.2021 for the land.
Reference:
Ext.A1
Document Type:
Screenshot of payment
Submitted By:
Plaintiff
Relevance:
Screenshot of the payment of Rs. 20,000/- via Google Pay.
Reference:
Ext.A2
Document Type:
Screenshot of payment
Submitted By:
Plaintiff
Relevance:
Screenshot of the payment of Rs. 22,000/- via Google Pay.
Reference:
Ext.A3
Document Type:
Screenshot of payment
Submitted By:
Plaintiff
Relevance:
Screenshot of the payment of Rs. 1,000/- via Google Pay.
Reference:
Ext.A4
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original of the sale agreement dated 17.01.2022.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque for Rs. 4,43,000/- issued by the defendant.
Reference:
Ext.A6
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo indicating the dishonour of the cheque.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer's notice sent to the defendant.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer's notice sent to the second defendant.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer's notice.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Another postal receipt for the lawyer's notice.
Reference:
Ext.A11
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Original of the returned envelope with endorsement 'Left'.
Reference:
Ext.A12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for the lawyer's notice.
Reference:
Ext.A13