Case Summary
M/s Heera Life Style Apartment Owners Association filed a suit against Sumithra for recovery of unpaid dues related to maintenance and construction costs of the apartment complex. The defendant defaulted on her payments despite repeated notices from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,68,520 along with interest at the rate of 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.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case by providing evidence of the amounts due and the defendant's default in payment.
The plaintiff established a case by providing evidence of the amounts due and the defendant's default in payment.
Judgment Evidence:
In the result, suit is decreed as follows: 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 years)
5F, Heera Lifestyle Apartment, Refinery Road, Irumbanam, Ernakulam, Pin – 682 309
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.4,68,520 along with interest.
Evidence:
Defendant is directed to pay interest at the rate of 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 the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant's personal assets are liable to satisfy the decree debt.
Evidence:
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:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Photocopy of certificate of Registration
Submitted By:
Plaintiff
Relevance:
This document establishes the registration of the plaintiff association.
Reference:
Ext.A1
Document Type:
Memorandum of Association and Bye Laws
Submitted By:
Plaintiff
Relevance:
This document outlines the governing rules of the plaintiff association.
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendant regarding payment demands.
Reference:
Ext.A3
Document Type:
Notice returned unclaimed
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant but was returned as unclaimed.
Reference:
Ext.A4
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document details the financial obligations of the defendant to the plaintiff association.
Reference:
Ext.A5