Case Summary
Nandakumar B Menon is the plaintiff who lent Rs. 1,00,000 to defendants Surabhi Jayan and her daughter Abhirami Jayan for educational needs, but they failed to repay. The plaintiff subsequently filed this suit for recovery of the lent amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 1,33,000 along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case based on the defendants' failure to repay the borrowed amount, supported by unchallenged evidence.
The plaintiff established a case based on the defendants' failure to repay the borrowed amount, supported by unchallenged evidence.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,33,000/- (Rupees One lakh thirty three thousand only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Nandakumar B Menon (67 years)
APT No. 901, Sunny Palace, Chengapuzha Samadhi Road, Edappally P O, Pin - 682 024.
Defendants
Surabhi Jayan @ Surabhi K P (52 years)
Building No. 31/2250, 1st Floor, Komaramchath House, Boat Jetty Road, Vaduthala P O, Kochi - 682 023.
Abhirami Jayan (Age not specified years)
Building No. 31/2250, 1st Floor, Komaramchath House, Boat Jetty Road, Vaduthala P O, Kochi - 682 023.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,33,000/- from the defendants along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.1,33,000/- (Rupees One lakh thirty three thousand only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Facebook Messenger Communication
Submitted By:
Plaintiff
Relevance:
This document contains the communications between the plaintiff and the 1st defendant regarding the loan request.
Reference:
Ext.A1 to A1(e)
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document is a copy of the account statement showing the transfer of Rs.1,00,000/- to the account of the 2nd defendant Abhirami Jayan.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the copy of the notice issued to the 2nd defendant regarding the loan repayment.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the true copy of the legal notice dated 09.02.2024 sent to the 1st defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the postal receipt associated with the legal notice sent.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply notice issued by the 1st defendant denying the loan transaction.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document is the statement of account of the plaintiff with Bank of Bahrain and Kuwait.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document is the statement of account of the 2nd defendant with State Bank of India.
Reference:
Ext.A8