Case Summary
Plaintiff Ramsiya filed a suit against Thunchath Jewellers seeking to recover Rs. 36,000 paid towards a gold scheme without receiving any gold or refund due to financial difficulties faced by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money Realization with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to pay Rs. 36,000 with 6% interest from the date of the suit till realization along with costs.
Why Plaintiff Won:
The plaintiff proved the case through cogent and reliable evidence including passbook and absence of defense from the defendant.
The plaintiff proved the case through cogent and reliable evidence including passbook and absence of defense from the defendant.
Losing Side's Weaknesses:
The plaintiff proved the case through cogent and reliable evidence including passbook and absence of defense from the defendant.
The plaintiff proved the case through cogent and reliable evidence including passbook and absence of defense from the defendant.
Supporting Evidence
According to PW1 the said amount was not repaid by the defendant inspite of the repeated demands from the part of the plaintiff. Since the defendant opted to remain exparte, nothing is there to unruffle the evidence adduced by the plaintiff. Hence the plaintiff proved his case by cogent and reliable evidence.
Judgment Evidence:
The suit is decreed as follows: I. Defendant is hereby directed to pay the plaintiff an amount of Rs. 36,000/- (Rupees thirty six thousand only) with an interest at 6 % per annum from the date of the suit till the date of realization. II. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramsiya
- Party Age
- 20
- Relation
- Daughter of Imbichibava
- Party Role
- Defendant
- Party Name
- Thunchath Jewellers
- Party Age
- 36
Plaintiffs Documents
Pass Book marked as Ext.A1
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Money Realization
Outcome:
Granted
Description:
Defendant to pay Rs. 36,000 with 6% interest to plaintiff
Evidence:
The suit is decreed as follows: I. Defendant is hereby directed to pay the plaintiff an amount of Rs. 36,000/- (Rupees thirty six thousand only) with an interest at 6 % per annum from the date of the suit till the date of realization.
Documents & Evidence
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
Proved monthly installment payments by the plaintiff towards the scheme.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ramsiya vs Thunchath Jewellers regarding money realization
Case Code Year
Case between Ramsiya vs Thunchath Jewellers regarding money realization