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
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the claimed amount along with interest. The court found the defendants liable for the debt.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,01,800/-.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Lulu International Shopping Malls, Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ajmil Lailabeevi Kamaludeen
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anila Shoukath
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Board resolution dated 07.09.2024, Original Application submitted by the 1st defendant for purchasing membership of Lulu signature Club (Royale) dated 04.03.2023, Copy of Aadhaar card of the 1st defendant, Copy of the receipt of payment of Rs.1,01,800/- dated 04.03.2023 by the 1st defendant, Copy of the invoice of supply showing the details of gift cards issued to the 1st defendant by the plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Latheesh Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Binithad James
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- E P Sanaldev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K Mohammed Rafeeq
- Appearance Type
- Assisting Counsel
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)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Lulu International Shopping Malls, Pvt. Ltd vs Ajmil Lailabeevi Kamaludeen et al regarding realization of money.
Case Code Year
Case between Lulu International Shopping Malls, Pvt. Ltd vs Ajmil Lailabeevi Kamaludeen et al regarding realization of money.