Case Summary
Midhun Mohan.A is the plaintiff who filed a suit against Cherian Mathew and M/S Izzet Realtors for the realization of money after a failed property transaction. The plaintiff paid substantial sums based on misleading promises regarding a villa project but faced issues with the defendants delivering the promised services.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.6,53,600/- with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a clear case based on the evidence of payment and the failure of the defendants to fulfill their contractual obligations.
The plaintiff established a clear case based on the evidence of payment and the failure of the defendants to fulfill their contractual obligations.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.6,53,600/- (Rupees Six lakhs fifty three thousand six hundred only) along with interest @12% per annum for the principal amount of Rs.5,60,000/- from 02.03.2023 till the date of decree.
Parties Involved
Plaintiffs
Midhun Mohan.A (36 years years)
7/141, Adathotty, Perumbavoor, Nedugapra, Ernakulam, Pin - 683 545
Defendants
Cherian Mathew (29 years years)
4C, Asset Luminaire, Cheruparambath Road, Kadavanthra, Ernakulam, Pin – 682 020
M/S Izzet Realtors (Age not specified years)
F115, Poineer Towers, Shanmugham Road, Marine Drive, Ernakulam, Pin Code – 682 031
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.6,53,600/- from the defendants.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.6,53,600/- (Rupees Six lakhs fifty three thousand six hundred only) along with interest @12% per annum for the principal amount of Rs.5,60,000/-.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest granted at the rate of 12% per annum from a specified date.
Evidence:
Defendants are directed to pay interest at the rate of 12% per annum for the principal amount of Rs.5,60,000/- from 02.03.2023 till the date of decree.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Document showing the agreement executed between the plaintiff and first defendant.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the first defendant to the plaintiff which was later dishonored.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo relating to the returned cheque, confirming it was dishonored.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the first defendant demanding payment after the dishonored cheque.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the second defendant regarding the outstanding payment.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the legal notice sent to the first defendant.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the legal notice sent to the second defendant.
Reference:
Ext.A8
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Envelope returned with acknowledgment card as evidence of the legal notice sent.
Reference:
Ext.A9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by the first defendant confirming receipt of the legal notice.
Reference:
Ext.A10