Case Summary
The plaintiff, DD Platinum Planet Apartment Owners' Association, seeks to recover unpaid charges from the defendant S.K.Jayan, who has defaulted on monthly maintenance and other related charges. The defendant did not appear in court, leading to a hearing in his absence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 2,17,010/- from the defendant and from his assets, along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the case through unrebutted oral testimony and documentary evidence.
The plaintiff established the case through unrebutted oral testimony and documentary evidence.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs. 2,17,010/- (Rupees Two Lakhs Seventeen Thousand and ten only) from the defendant and from his assets.
Parties Involved
Plaintiffs
DD Platinum Planet Apartment Owners' Association (Age not specified years)
DD Platinum Planet, Pullepadi -Thammanam Road, Kaloor P.O., Ernakulam PIN-682017
Defendants
S.K.Jayan (47 years years)
Flat No. 15-1, Tower-2 'DD Platinum Planet Apartments' Pullepadi -Thammanam Road, Kaloor P.O., Ernakulam PIN - 682017
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff seeks to recover Rs. 2,17,010/- from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.2,17,010/- (Rupees Two Lakhs Seventeen Thousand and ten only) from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Interest on the claimed amount from the date of suit.
Evidence:
The plaintiff is entitled to realize interest @ 12 % per annum for Rs.2,17,010/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Interest on the claimed amount from date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,17,010/- from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Certified copy of Bye Laws of plaintiff association
Submitted By:
Plaintiff
Relevance:
Establishes the mandatory dues on the defendant as per the association's bye-laws.
Reference:
Ext.A1
Document Type:
E-mail
Submitted By:
Plaintiff
Relevance:
Shows the defendant's request for time to clear dues.
Reference:
Ext.A2
Document Type:
E-mail
Submitted By:
Plaintiff
Relevance:
Documents the demand for payment from the defendant.
Reference:
Ext.A3
Document Type:
E-mail
Submitted By:
Plaintiff
Relevance:
Continuation of demands for outstanding dues from the defendant.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
A formal demand for payment acknowledged by the defendant.
Reference:
Ext.A5
Document Type:
E-mail
Submitted By:
Plaintiff
Relevance:
Further documentation of the demand for payment.
Reference:
Ext.A6
Document Type:
List of defaulters
Submitted By:
Plaintiff
Relevance:
Details the amounts due from the defendant and others.
Reference:
Ext.A7