Case Summary
The plaintiff, Ramesan, is seeking to realize money from the defendants, who are a co-operative bank and its sale officer, due to their failure to confirm a property sale after the plaintiff participated in an auction. The suit claims financial loss and seeks compensation with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of Rs.2,86,000/- with interest at the rate of 8% per annum from the date of suit till realisation with costs
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to recover the amount deposited along with interest and costs from the defendants.
Why Plaintiff Won:
The defendants failed to confirm the sale and did not return the deposited amount despite repeated demands.
The defendants failed to confirm the sale and did not return the deposited amount despite repeated demands.
Losing Side's Weaknesses:
The defendants failed to confirm the sale and did not return the deposited amount despite repeated demands.
The defendants failed to confirm the sale and did not return the deposited amount despite repeated demands.
Supporting Evidence
No evidence was adduced by the defendants to disprove the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.2,86,000/- (Two Lakhs Eighty Six Thousand Only) with interest at the rate of 8% per annum from the date of suit till realisation with costs, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramesan
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s.Kundara Panchayat Service Co-Operative Bank Ltd
- Party Role
- Defendant
- Party Name
- Special Sale Officer-II, Kollam District Co-Operative Bank Ltd
Plaintiffs Documents
Original Receipt, Original Receipt, Office copy of Legal Notice, Postal receipts, Postal Acknowledgment Card, Reply Notice.
Defendants Documents
Attested copy of Sale Proclamation, Audit Certificate of Co-Operative Department (multiple years), Attested copy of notice sent by 2nd defendant to the first defendant, Attested copy of reply sent by the 1st defendant to the 2nd defendant, Attested copy of letter sent by the Joint Registrar to the first defendant.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.K.Jayachandra Das
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Sajeev Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.2,86,000 with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.2,86,000/- (Two Lakhs Eighty Six Thousand Only) with interest at the rate of 8% per annum from the date of suit till realisation...
Documents & Evidence
Document Type:
Original Receipt
Submitted By:
Plaintiff
Relevance:
Proves payment of Rs.42,750 for the land auction sale.
Reference:
Ext.A1
Document Type:
Original Receipt
Submitted By:
Plaintiff
Relevance:
Proves payment of Rs.2,42,250 towards the property.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Informs defendants of the request for sale certificate and refund.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms sending of Ext.A3 notice to the Secretary and 2nd defendant.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Indicates receipt of the notice by the defendants.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Further communication regarding the plaintiff's claims.
Reference:
Ext.A6
Document Type:
Sale proclamation
Submitted By:
Defendant
Relevance:
Document related to the auction process.
Reference:
Ext.B1
Document Type:
Audit Certificate
Submitted By:
Defendant
Relevance:
Financial documents from the Co-operative Department.
Reference:
Ext.B2 series
Document Type:
Notice from 2nd Defendant
Submitted By:
Defendant
Relevance:
Communication sent to the 1st defendant regarding the auction.
Reference:
Ext.B3
Document Type:
Reply from 1st Defendant
Submitted By:
Defendant
Relevance:
Response to the 2nd defendant, subject to proof.
Reference:
Ext.B4
Document Type:
Letter from Joint Registrar
Submitted By:
Defendant
Relevance:
Official communication regarding the proceedings.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of refund
Case Code
Case between Ramesan vs M/s.Kundara Panchayat Service Co-Operative Bank Ltd et al regarding Realisation of Money
Case Code Year
Case between Ramesan vs M/s.Kundara Panchayat Service Co-Operative Bank Ltd et al regarding Realisation of Money