Case Summary
Lulu International Shopping Malls, Pvt. Ltd filed a suit against Ajmil Lailabeevi Kamaludeen and Anila Shoukath for realization of money due to an unpaid membership fee. The defendants availed benefits without making the necessary payment, which the plaintiff claims amounts to fraud.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.1,01,800/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case showing that the defendants benefitted from the membership without payment.
The plaintiff established a case showing that the defendants benefitted from the membership without payment.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,01,800/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Parties Involved
Plaintiffs
Lulu International Shopping Malls, Pvt. Ltd (Age not specified years)
Lulu Shopping Mall, 34/1000, NH-47, Edappally, Cochin- 682024
Defendants
Ajmil Lailabeevi Kamaludeen (42 years)
Kunnumpurathu Veedu, 7/301, Pallickal P O, Thiruvananthapuram- 695604
Anila Shoukath (41 years)
Kunnumpurathu Veedu, 7/301, Pallickal P O, Thiruvananthapuram- 695604
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,01,800/- along with interest.
Evidence:
Defendants shall pay Rs.1,01,800/- along with interest @12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to additional interest after the decree.
Evidence:
Defendants shall pay interest at the rate of 6% from the date of decree till the date of payment.
Documents & Evidence
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
Shows authority of representative to conduct the case.
Reference:
Ext.A1
Document Type:
Customer Enrollment Form
Submitted By:
Plaintiff
Relevance:
Application for membership of Lulu Signature Club.
Reference:
Ext.A2
Document Type:
Aadhaar Card
Submitted By:
Plaintiff
Relevance:
Identifies the 1st defendant.
Reference:
Ext.A3
Document Type:
Receipt of Payment
Submitted By:
Plaintiff
Relevance:
Proof of payment made for the membership.
Reference:
Ext.A4
Document Type:
Invoice/Bill of Supply
Submitted By:
Plaintiff
Relevance:
Details the gift cards issued to the 1st defendant.
Reference:
Ext.A5
Document Type:
Certificate under section 65B of Evidence Act
Submitted By:
Plaintiff
Relevance:
Authenticates the computer-generated record.
Reference:
Ext.A5(a)
Document Type:
Email Correspondence
Submitted By:
Plaintiff
Relevance:
Communication sent to the 1st defendant regarding payment.
Reference:
Ext.A6
Document Type:
Certificate under section 65B of Evidence Act
Submitted By:
Plaintiff
Relevance:
Authenticates the computer-generated record.
Reference:
Ext.A6(a)
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to defendants regarding the payment demand.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the demand notice.
Reference:
Exts.A8 and A8(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the demand notice by the defendants.
Reference:
Exts.A9 and A9(a)