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O.S.No.1120/2017

Case between Benny Varghese vs Bussan Auto Finance India Pvt. Ltd. et al regarding mandatory injunction and realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-01-20
Duration
approximately-6 years 1 month
Case Code No.
1120
Case Closed
Sat, 01/20/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Benny Varghese is the plaintiff who claims damages against Bussan Auto Finance India Pvt. Ltd. and others related to the purchase of a Yamaha scooter. The plaintiff alleges collusion and deficiencies in service leading to financial loss.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, awarding him Rs.20,000 as damages and costs. The first and second defendants are directed to reassess the loan account within two months.
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction directing reassessment of loan and award of damages
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, awarding him Rs.20,000 as damages and costs. The first and second defendants are directed to reassess the loan account within two months.
Why Plaintiff Won:
The plaintiff successfully established his case through evidence demonstrating deficiencies in service and financial loss.
Losing Side's Weaknesses:
Not available
Supporting Evidence
A conjoint reading of Exts.A1 and A2 would fortify the case of plaintiff. The defense put forth is liable to be rejected as they have not mounted the box in support of their case.

Judgment Evidence:

In the result, suit is decreed as follows: 1) 1st and 2nd defendants are directed by a mandatory injunction to reassess the loan sanctioned as per the loan account No.TWC3131NR00433950 in favour of plaintiff reckoning the loan amount as Rs.41,500 within two months failing which plaintiff can execute the same through court.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Benny Varghese
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Bussan Auto Finance India Pvt. Ltd.
Relation
represented by its Manager
Party Role
Defendant
Party Name
Bussan Auto Fiance India Pvt. Ltd.
Relation
represented by its authorized signatory
Party Role
Defendant
Party Name
Yamaha Motor India Sales Pvt. Ltd.
Relation
represented by its authorized signatory
Party Role
Defendant
Party Name
MPN Yamaha
Relation
represented by its authorized signatory
Party Role
Defendant
Party Name
Liberty Motocorp
Relation
represented by its authorized signatory
Plaintiffs Documents
Original pamphlet issued by Yamaha Motor India Sales Pvt. Ltd., Down payment receipt issued by the 3rd defendant, True copy of lawyer notice caused by the plaintiff to General Manager, Yamaha Motor India Sales Pvt. Ltd.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
N. Retheesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Suma Retheesh
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
M. Mohammed Maneef
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Aravind Ajith
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Abijith Chandran
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Directed 1st and 2nd defendants to reassess the loan account as per the loan amount.
Evidence:
1st and 2nd defendants are directed by a mandatory injunction to reassess the loan sanctioned as per the loan account.
Relief Type: Damages
Outcome: Partly Granted
Description:
Claimed for Rs.1,00,000 as damages but awarded Rs.20,000.
Evidence:
However considering the facts and evidence of the case I am satisfied that compensation of Rs.20,000 is just and reasonable.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit from 1st, 2nd, and 5th defendants.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from 1st, 2nd and 5th defendants.

Documents & Evidence

Document Type: Exhibit
Submitted By: Plaintiff
Relevance:
These exhibits support the plaintiff's claims regarding the purchase of the Yamaha scooter and related agreements.
Reference:
Ext.A1 to A23
Document Type: Original pamphlet
Submitted By: Plaintiff
Relevance:
It is issued by Yamaha Motor India Sales Pvt. Ltd. and provides details about the scooter sale.
Reference:
Ext.A1
Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
This shows that the motor bike was sold to the 4th defendant for Rs.8,000.
Reference:
Ext.A2
Document Type: Down payment receipt
Submitted By: Plaintiff
Relevance:
This receipt evidences the cash payment of Rs.12,000 made to the 4th defendant.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This is a true copy of the notice caused by the plaintiff for deficiency in service.
Reference:
Ext.A4
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
This states the loan account details of the plaintiff with the first defendant.
Reference:
Ext.A23

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Deficiency in Service
Case Code
O.S.NO.
Case Code Year
2017

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 01/01/2017 - 12:00
Case Closed
Sat, 01/20/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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