Case Summary
Mr. Thomas Kurien Mathew and Mrs. Labee Thomas, the plaintiffs, filed a suit against Zamra Endeavours Private Limited and its Managing Director for the recovery of an advance payment made for an engagement event venue that was later canceled. The plaintiffs claimed that the defendants were withholding their refund despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 1,00,000/- along with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, allowing them to recover the advance paid along with interest and costs. The judgment concluded that the defendants were liable for the refund amount.
Why Plaintiff Won:
The plaintiffs established their case through unrebutted testimonies and evidence presented before the court.
The plaintiffs established their case through unrebutted testimonies and evidence presented before the court.
Losing Side's Weaknesses:
The plaintiffs established their case through unrebutted testimonies and evidence presented before the court.
The plaintiffs established their case through unrebutted testimonies and evidence presented before the court.
Supporting Evidence
The unrebutted oral testimonies of PW1 and PW2 established their case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits, I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 1,00,000/- (Rupees One Lakh) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Thomas Kurien Mathew
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Labee Thomas
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Zamra Endeavours Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Managing Director, Zamra Endeavours Private Limited
Plaintiffs Documents
Lawyer's notice dated 18.03.2019, Postal receipt dated 18.03.2019, Account statement of the defendants, Receipt for Rs.1,00,000/- issued by defendants to the plaintiff on 03.12.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Denny Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Babu Karukapadath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sneha sukumaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vaisakhi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shelly Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Avinash Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.V. Ravikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M. Faizal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize Rs. 1,00,000 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 1,00,000 from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest @ 12% per annum for Rs. 1,00,000 from the date of suit till date decree.
Evidence:
Plaintiffs are entitled to realize interest @ 12% per annum for Rs. 1,00,000 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 1,00,000 from date of decree till date of realization.
Evidence:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 1,00,000 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realize costs of the suit from defendants.
Evidence:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was used to establish the demand for repayment of the advance amount.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document supports the proof of sending the lawyer's notice.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is related to further correspondence seeking repayment.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document was presented to show financial evidence related to the case.
Reference:
Ext.A7
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document is a key piece of evidence confirming the advance payment made by the plaintiffs.
Reference:
Ext.A8
Document Type:
Mail Communication
Submitted By:
Plaintiff
Relevance:
This document was introduced to demonstrate attempts to communicate regarding the repayment.
Reference:
Ext.A9
Document Type:
Mail Communication
Submitted By:
Plaintiff
Relevance:
This document, alongside certification, further supports the plaintiffs' communication efforts.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Mr. Thomas Kurien Mathew et al vs Zamra Endeavours Private Limited et al regarding Suit For Realization Of Money
Case Code Year
Case between Mr. Thomas Kurien Mathew et al vs Zamra Endeavours Private Limited et al regarding Suit For Realization Of Money