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
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.
Judgment Evidence:
Hence, the suit is dismissed and the parties are directed to suffer their respective costs.
Parties Involved
Plaintiffs
M/s. Horizon Cheryl Enclave Apartment Owners Association (Age not specified years)
Cheryl Enclave, Spices Street, Indira Nagar, Cochin – 682 018
Defendants
P.T. Joseph (60 years)
11-C, 34/2812, C.V.C Celesta, Elamakara (PO), Ernakulam. Pin- 682 026
M/s. Holy Faith Builders and Developers Private Limited (Age not specified years)
Door No.34/2353, Mamangalam, Ernakulam. Pin- 682 025
M/s. Horizon Ventures Private Limited (Age not specified years)
Door No. 28/475, Horizon House, Koonamthai, Edappally (PO), Ernakulam. Pin - 682024
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