Case Summary
The Ansals Riverdale Owners Association filed a suit against Dr. Sunil Kumar, a member of the association, for non-payment of maintenance charges. The defendant claimed he is not liable to pay as he is part of a different association.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay Rs. 88,000/- with interest and awarded costs to the plaintiff.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
In the result, the suit is decreed in part as follows. 1) The defendant shall pay Rs. 88,000/- along with interest @ 9 percent per annum from the date of the suit till the date of the decree and @6 percent per annum from the date of the decree till realisation. Plaintiff shall also be entitled for the costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ansals Riverdale Owners Association
- Relation
- Represented by its Secretary
- Party Role
- Defendant
- Party Name
- Dr. Sunil Kumar
Plaintiffs Documents
The office copy of the lawyer notice issued by the plaintiff to the defendant, Postal receipt, Postal acknowledgment card, Certified copy of the memorandum of association, Minutes book, etc.
Defendants Documents
The Bank attested copy of the Deed of conveyance, The receipt of maintenance charges paid by the defendant to the Town house apartment owners association
Advocates
Reliefs
Relief Type:
Money Recovery
Outcome:
Partly Granted
Description:
Plaintiff awarded Rs. 88,000 for pending maintenance charges and tarring expenses
Evidence:
The suit is decreed for Rs. 88,000 along with interest rates specified
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff's lawyer notice demanding payment within 15 days
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt showing issuance of notice by plaintiff to defendant
Reference:
Ext.A2
Document Type:
Memorandum of Association
Submitted By:
Plaintiff
Relevance:
Certified copy of plaintiff association's memorandum of association
Reference:
Ext.A4
Document Type:
Minutes Book
Submitted By:
Plaintiff
Relevance:
Minutes book of association from Nov 2011 onwards
Reference:
Ext.A5
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Title deed of property owner in Ansar Riverdale residential colony
Reference:
Ext.A9
Document Type:
Bank Attested Deed of Conveyance
Submitted By:
Defendant
Relevance:
Bank attested copy of defendant's deed of conveyance
Reference:
Ext.B1
Document Type:
Maintenance Charges Receipt
Submitted By:
Defendant
Relevance:
Receipt of maintenance charges paid by defendant to Townhouse Apartment Owners Association
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of Monthly Maintenance Charges
Case Code
Case between Ansals Riverdale Owners Association et al vs Dr. Sunil Kumar regarding Suit for realisation of money
Case Code Year
Case between Ansals Riverdale Owners Association et al vs Dr. Sunil Kumar regarding Suit for realisation of money