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
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.
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
Plaintiffs
M/s Heera Life Style Apartment Owners Association (Age not specified years)
Heera Lifestyle Apartment, Refinery Road, Irumbanam, Ernakulam, Pin – 682 309
Defendants
Sumithra (54 years)
5E, Heera Lifestyle Apartment, Refinery Road, Irumbanam, Ernakulam, Pin – 682 309
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