Case Summary
The Blue Chip Apartment Owners Association is suing Dr. Roshini Abraham for unpaid maintenance charges amounting to Rs. 1,72,769.77. The defendant defaulted on payments despite having agreed to them at the time of purchasing her apartment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 1,72,769.77 with interest at 6% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed that Dr. Roshini Abraham must pay Rs. 1,72,769.77 plus interest at 6% per annum. The judgment states the defendant is personally liable for this amount.
Why Plaintiff Won:
The plaintiff successfully established that dues were owed and that the defendant did not contest the claims.
The plaintiff successfully established that dues were owed and that the defendant did not contest the claims.
Losing Side's Weaknesses:
The plaintiff successfully established that dues were owed and that the defendant did not contest the claims.
The plaintiff successfully established that dues were owed and that the defendant did not contest the claims.
Supporting Evidence
On perusal of plaint, proof affidavit and documents produced, I am of the view that plaintiff has established that rent is in arrears. Nothing is brought forth to show that defendant had cleared the arrears of rent.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.1,72,769.77/- along with interest @6% per annum from the date of suit till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Blue Chip Apartment Owners Association
- Relation
- represented by its President Mr. Abdul Shaheed
- Party Role
- Defendant
- Party Name
- Dr. Roshini Abraham
Plaintiffs Documents
Minutes of Executive meeting, Copy of Memorandum of Association and bye-law, Registration certificate, Statement of account, Reply notice, Letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Raoof P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K R Avinash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abdul Rasac
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Raj Carolin V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- E Mohammed Shafee
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of the arrears along with interest.
Evidence:
Suit is decreed as follows: 1) Defendant shall pay Rs.1,72,769.77/- along with interest @6% per annum from the date of suit till the date of payment or realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Minutes of Executive Meeting
Submitted By:
Plaintiff
Relevance:
Shows that PW1, the accountant of the plaintiff association is authorized to represent and act as witness in the present suit.
Reference:
Ext.A1
Document Type:
Memorandum of Association and Bye-law
Submitted By:
Plaintiff
Relevance:
Establishes the organization structure and regulations of the plaintiff association.
Reference:
Ext.A2
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Proves the legal registration of the plaintiff association.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the arrears in maintenance charges for the flat owned by the defendant.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff has intimated the arrears in maintenance charge to the defendant.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Indicates that the account statement was received by the defendant on 07.03.2020.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Blue Chip Apartment Owners Association vs Dr. Roshini Abraham regarding realization of money
Case Code Year
Case between Blue Chip Apartment Owners Association vs Dr. Roshini Abraham regarding realization of money