Case Summary
The plaintiff, Smt. Andal, invested in a gold scheme offered by the defendants but did not receive the agreed amount upon maturity. The plaintiff claims financial loss and seeks the monetary equivalent of the gold due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Plaintiff is entitled to realize an amount of Rs.4,18,792.88/- and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing her to recover the invested amount along with specified interest. The defendants failed to provide any evidence in defense of their claim.
Why Plaintiff Won:
The unrebutted evidence from the plaintiff established her claims.
The unrebutted evidence from the plaintiff established her claims.
Losing Side's Weaknesses:
The unrebutted evidence from the plaintiff established her claims.
The unrebutted evidence from the plaintiff established her claims.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The Plaintiff is entitled to realize an amount of Rs.4,18,792.88/- ...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt. Andal
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- H Venkatesha Naik Jewellary
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ravinath Mohandas
- Party Age
- 60
Plaintiffs Documents
Original of certificate dated 30.07.2019, Copy of Lawyer's Notice dated 06.07.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dinesh Rao A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. Manu Raj
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Hari Sharma M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.4,18,792.88 from the defendants.
Evidence:
In the result, suit is decreed as follows: The Plaintiff is entitled to realize an amount of Rs.4,18,792.88/- (Rupees Four lakhs Eighteen Thousand Seven Hundred and Ninety Two and Eight Eight Paisa) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 12% per annum from the date of suit till date of decree.
Evidence:
The Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,18,792.88/- from the date of suit till date decree from the defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 6% per annum from date of decree till date of realization.
Evidence:
The Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,18,792.88/- from date of decree till date of realization from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
The original certificate issued by the defendants confirming the deposit of gold.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
A copy of the notice issued to the first defendant regarding the claim.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
A copy of the notice issued to the second defendant regarding the claim.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Smt. Andal vs H Venkatesha Naik Jewellary et al regarding realization of money.
Case Code Year
Case between Smt. Andal vs H Venkatesha Naik Jewellary et al regarding realization of money.