Case Summary
The plaintiff, an association of apartment owners, is suing the defendant for her share of maintenance charges and contributions towards the completion of construction. The defendant has defaulted on payments despite being aware of her liabilities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,68,520 along with interest at rates specified.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case based on the default in payment by the defendant and the agreement within the association for shared costs.
The plaintiff established a case based on the default in payment by the defendant and the agreement within the association for shared costs.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.4,68,520 along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization. 2) Defendant shall be personally liable and her assets shall also be liable to satisfy the decree debt.
Parties Involved
Plaintiffs
M/s Heera Life Style Apartment Owners Association (Age not specified years)
Heera Lifestyle Apartment, Refinery Road, Irumbanam, Ernakulam, Pin – 682 309
Defendants
Kamala Devi (87 years)
5A, Heera Life Style Apartment, Refinery Road, Irumpanam.P.O., Ernakulam, Pin – 682 309
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.4,68,520 along with interest.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.4,68,520 (Rupees Four lakhs sixty eight thousand five hundred and twenty only) along with interest @12% per annum from the date of suit till the date of decree and @ 6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally liable for the decree debt.
Evidence:
2) Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Various documents
Submitted By:
Plaintiff
Relevance:
Documents supporting the plaintiff's claim for arrears and construction costs.
Reference:
Exts.A1 to A5