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
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.
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
Plaintiffs
Blue Chip Apartment Owners Association (Age not specified years)
Kinfra Ware House Road, Nilampathinjamugal, Kusumagiri P O, Kakkanad, Ernakulam-682030
Defendants
Dr. Roshini Abraham (Age not specified years)
Sammudradaya, P C Road, Kaloor, Kochi
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