Case Summary
The plaintiff, Jose Ukkru, seeks to recover an advance paid for a BMW car from the defendant, Sainudheen K J, who sold the car to another party without fulfilling his promise to assist with financing. The court found in favor of the plaintiff after examining the evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.3,10,001/- along with interest at 10% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case for recovery based on the advance paid and the defendant's failure to deliver the agreed upon sale.
The plaintiff established a case for recovery based on the advance paid and the defendant's failure to deliver the agreed upon sale.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.3,10,001/- along with interest @10% from the date of suit till the date of decree...
Parties Involved
Plaintiffs
Jose Ukkru (67 years years)
Porathur House, Marottichodu, Edappally, Ernakulam, Pin- 682024
Defendants
Sainudheen K J (31 years years)
Kannamkillath House, Chuloor, Edathiruthy, Valapad Village, Chavakkad, Thrissur District, Pin- 680567
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.3,10,001/- along with interest.
Evidence:
Defendant is directed to pay interest at the rate of 10% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant and her assets shall be liable to satisfy the decree debt.
Evidence:
Defendant and her assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing the ownership of the car by the defendant issued by the Joint Regional Transport Officer, Kodungalloor.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified copy of the statement of account issued by Canara Bank, Hill Palace branch, Thripunithura.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified copy of the statement of account issued by Canara Bank, Broadway branch, Ernakulam.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Registered lawyer notice dated 24.07.2023.
Reference:
Ext.A4
Document Type:
Reply to lawyer notice
Submitted By:
Plaintiff
Relevance:
Copy of the reply to lawyer notice dated 07.08.2023.
Reference:
Ext.A5
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint dated 21.08.2023 submitted to SHO, Central Police Station, Ernakulam.
Reference:
Ext.A6
Document Type:
Receipt of Petition
Submitted By:
Plaintiff
Relevance:
Receipt of the petition from Central Police Station dated 24.08.2023.
Reference:
Ext.A7
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment receipt of the petition dated 24.08.2023 issued by Central Police Station, Ernakulam.
Reference:
Ext.A8
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards signed by the defendant's counsel.
Reference:
Ext.A9
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs of vehicles.
Reference:
Ext.A10