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
The court decreed that the defendants pay Rs.5,38,160/- to the plaintiff along with interest. The plaintiff is entitled to realize the costs of the suit.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, 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.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Anoop K R
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cherian Mathew
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Izzet Realtors
- Relation
- Represented by
Plaintiffs Documents
Sale agreement dated 18.11.2021, Cheque for Rs.4,43,000/- dated 19.12.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthika Maria
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Veena Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aneeta Mary Saji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Diana Laurance Paul
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Anoop K R vs Cherian Mathew et al regarding realization of money
Case Code Year
Case between Anoop K R vs Cherian Mathew et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour