Case Summary
This case involves the M/s Heera Life Style Apartment Owners Association suing Sumithra for payment of overdue maintenance charges and fees for services rendered. The plaintiff claims the defendant has defaulted on payments despite being informed of owed amounts.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Sumithra shall pay Rs. 4,68,520 along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Sumithra must pay M/s Heera Life Style Apartment Owners Association Rs. 4,68,520 with interest due to her failure to contribute her share towards the upkeep of the apartment complex.
Why Plaintiff Won:
The plaintiff established a case for recovery of unpaid dues through unchallenged evidence.
The plaintiff established a case for recovery of unpaid dues through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established a case for recovery of unpaid dues through unchallenged evidence.
The plaintiff established a case for recovery of unpaid dues through unchallenged evidence.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.
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, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Heera Life Style Apartment Owners Association
- Relation
- represented by its President N. G. Ramakrishnan
- Party Role
- Defendant
- Party Name
- Sumithra
- Party Age
- 54
- Relation
- W/o D. Suryakant
Plaintiffs Documents
Photocopy of certificate of Registration No. EKM/TC/34/2018, Memorandum of Association and Bye Laws of the plaintiff, Office copy of lawyer notice issued to the defendant with postal receipt, Notice addressed to defendant returned unclaimed, Certified copy of statement of account in respect of apartment No. 5E owned by defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Philip.T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thomas.T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Achu Subha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kallyani.G. Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sapna Shaji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Urmila.M.G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Salwa.T. Muhammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thahseem.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of maintenance charges and additional dues from the defendant.
Evidence:
Defendant shall pay Rs.4,68,520/- along with interest @12% per annum from the date of suit till the date of decree.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the defendant is liable for the debts incurred.
Evidence:
Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Plaintiff's president was examined as PW1.
Reference:
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Proof of the plaintiff's registration under the relevant act.
Reference:
Ext.A1
Document Type:
Memorandum of Association and Bye Laws
Submitted By:
Plaintiff
Relevance:
Document outlining the structure and regulations of the plaintiff association.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding outstanding dues.
Reference:
Ext.A3
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant that was returned unclaimed.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Financial statement detailing amounts owed by the defendant.
Reference:
Ext.A5
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 M/s Heera Life Style Apartment Owners Association vs Sumithra regarding realization of money
Case Code Year
Case between M/s Heera Life Style Apartment Owners Association vs Sumithra regarding realization of money