Case Summary
Sebastian Lixon filed a suit against Jayachandran.D for the recovery of money amounting to Rs.5,70,000/- due to a failed promise of employment at Kochi Metro Rail Corporation. The defendant allegedly received substantial payments from the plaintiff under false pretenses, failing to provide the promised job.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.6,70,000/- along with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case against the defendant, who failed to provide any evidence to counter the claims.
The plaintiff established a case against the defendant, who failed to provide any evidence to counter the claims.
Judgment Evidence:
In the result, suit is decreed as follows:- 1) Defendant shall pay Rs.6,70,000/ (Rupees Six lakhs seventy thousand only) along with interest @9% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization...
Parties Involved
Plaintiffs
Sebastian Lixon (36 years)
Puthenveetil House, Popular Road, Vaduthala, Ernakulam District
Defendants
Jayachandran.D (41 years)
Vaiga House, 15/520(P), Nochima, NAD.P.O., Pin – 683 563, Aluva, Ernakulam
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,70,000/- with interest from defendant.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,70,000/- with interest from defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
Defendant shall pay interest at the rate of 9% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization.
Evidence:
Defendant is directed to pay interest at the rate of 9% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Pay-in Slip
Submitted By:
Plaintiff
Relevance:
Original of the pay in slip issued by Canara Bank, Palarivattom branch for payment of amount by plaintiff to the account of defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of demand lawyer notice dated 28.02.2018.
Reference:
Ext.A2
Document Type:
Postal Memo
Submitted By:
Plaintiff
Relevance:
Postal memo issued for sending the lawyer notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original of the acknowledgment card signed by the defendant.
Reference:
Ext.A4
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoices bearing Nos.346, 347, 85 dated 19.04.2016, 05.04.2016 issued by the Hotel Gajapria, Thiruchirappalli in the name of the defendant.
Reference:
Exts.A5, A6, A7
Document Type:
Blank Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.255050 with A/c No.5653101000569 unfilled signed by the defendant.
Reference:
Ext.A8
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.255047 dated 31.10.2016 for Rs.4,00,000/- issued by the defendant to plaintiff.
Reference:
Ext.A9
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo issued by Federal bank, Ernakulam to plaintiff for dishonour of cheque No.255047.
Reference:
Ext.A10
Document Type:
FIR Copy
Submitted By:
Plaintiff
Relevance:
Copy of the FIR in Crime No.1465 of 2017 of Ernakulam Town North police station.
Reference:
Ext.A12
Document Type:
Affidavit Copy
Submitted By:
Plaintiff
Relevance:
Copy of the affidavit submitted by the plaintiff in connection with donating his kidney.
Reference:
Ext.A13
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Copy of the statement of account maintained by the plaintiff in Federal bank for the period from 01.01.2016 to 30.11.2016.
Reference:
Ext.A14
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Copy of the account statement from the period 23.12.2015 to 17.12.2016 maintained by the defendant at Canara Bank.
Reference:
Ext.A16
Document Type:
KYC Form
Submitted By:
Plaintiff
Relevance:
Account opening KYC form for the account maintained by the defendant at Federal Bank, Ernakulam.
Reference:
Ext.A17
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement from the period 23.12.2015 to 17.12.2016 maintained by the defendant at Federal Bank.
Reference:
Ext.A18