Case Summary
The plaintiff is an apartment owners association suing the defendants, who are builders and developers, for failing to provide a water supply connection to the apartment complex after collecting payments for it. The plaintiff association alleges that due to the defendants' negligence, the residents suffered financial losses and mental agony.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff association failed to prove that the defendants had a contractual obligation to provide the water connection, leading to the dismissal of the suit. The court held that since there was no privity of contract between the plaintiff and the defendants, the claims for damages were not valid.
Key Reasoning:
The plaintiff failed to establish privity of contract between themselves and the defendants.
The plaintiff failed to establish privity of contract between themselves and the defendants.
Why Defendant Won:
The plaintiff failed to establish privity of contract between themselves and the defendants.
The plaintiff failed to establish privity of contract between themselves and the defendants.
Supporting Evidence
In the absence of such proof, none of the defendants can be held liable for the amount incurred by the plaintiff association to have brought in potable drinking water to the flat in question.
Judgment Evidence:
Hence, the suit is dismissed and the parties are directed to suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Horizon Cheryl Enclave Apartment Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- P.T. Joseph
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Holy Faith Builders and Developers Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Horizon Ventures Private Limited
- Relation
- Represented by
Plaintiffs Documents
Certificate of Registration, Certified true copy of the Bye-laws, Certified extract of the minutes of the General Body of Plaintiff Association, Agreement for Sale, Agreement of Construction, Original bills (55 Nos), Office copy of the lawyer notice, Reply of lawyer notice, Bill issued by Kerala Water Authority
Defendants Documents
Certified copy of the Writ Petition W.P (c) No. 15388/2017 with Exhibits, Certified copy of the Judgment in WP(C) No: 15388/2017
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.S Kalkura
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harish Gopinath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Njumal Hussain
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Athira C.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Philip T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nisha George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joan Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Subha Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Refused
Description:
Compensation for damages claimed by the Plaintiff Association due to defendants' failure to provide water supply.
Evidence:
The plaintiff has failed to prove that the defendants had failed to provide Kerala water authority connection to the above mentioned flat, after entering into any agreement to provide for the same.
Relief Type:
Compensatory Costs
Outcome:
Rejected
Description:
Defendant's claim for compensatory costs for the suit being vexatious.
Evidence:
Considering the facts and circumstances that surround the case, I am of the opinion that the power under section 35A of the CPC need not be invoked in the case at hand.
Documents & Evidence
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Proof of the Plaintiff Association's registration under the relevant Act.
Reference:
Ext.A1
Document Type:
Bye-Laws
Submitted By:
Plaintiff
Relevance:
Details of the governing rules of the Plaintiff Association.
Reference:
Ext.A2
Document Type:
Minutes of the General Body Meeting
Submitted By:
Plaintiff
Relevance:
Official record of decisions made by the Plaintiff Association.
Reference:
Ext.A3
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
Document relevant to the sale agreement between the Defendants and members of the Plaintiff Association, marked subject to proof.
Reference:
Ext.A4
Document Type:
Agreement of Construction
Submitted By:
Plaintiff
Relevance:
Document relevant to the construction agreement, marked subject to proof.
Reference:
Ext.A5
Document Type:
Original Bills
Submitted By:
Plaintiff
Relevance:
Evidence of expenses incurred by the Plaintiff for water supplied via tankers.
Reference:
Ext.A6 (series)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to Defendants requesting water connection.
Reference:
Ext.A7
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Defendants' response to the legal notice.
Reference:
Ext.A8
Document Type:
Bill from Kerala Water Authority
Submitted By:
Plaintiff
Relevance:
Proof of billing related to water services.
Reference:
Ext.A9
Document Type:
Certified Copy of the Writ Petition
Submitted By:
Defendant
Relevance:
Supporting document from Defendant regarding past legal proceedings.
Reference:
Ext.B1
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
Judgment from the past Writ Petition relevant to the current proceedings.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Failure to provide water supply connection
Case Code
Case between M/s. Horizon Cheryl Enclave Apartment Owners Association vs P.T. Joseph et al regarding failure to provide water supply connection
Case Code Year
Case between M/s. Horizon Cheryl Enclave Apartment Owners Association vs P.T. Joseph et al regarding failure to provide water supply connection