Case Summary
The plaintiff Tessy Jose claims unpaid rent and damages from the defendant Col.G.Pramod Kumar for leasing property. The defendant denies owing the claimed amount and asserts mutual agreement on rent reduction due to the pandemic.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the defendant had not paid rent for the specified period, but had already deposited a security amount which was sufficient to cover the claims of the plaintiff.
The court found that the defendant had not paid rent for the specified period, but had already deposited a security amount which was sufficient to cover the claims of the plaintiff.
Judgment Evidence:
In the result, the suit and the counter claim are dismissed.
Parties Involved
Plaintiffs
Tessy Jose (68 years)
Elenjikal house, Kadavanthra Desam, Elamkulam village, Kochi – 20.
Defendants
Col.G.Pramod Kumar (Retd) (57 years)
Chaithanya Udaigiri Nagar, M.L.A road, Udayamperoor P.O, Ernakulam, Pin – 682 307.
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff seeks recovery of ₹ 2,83,636 including arrears of rent and interest.
Evidence:
In the result, the suit and the counter claim are dismissed.
Relief Type:
Set-off
Outcome:
Partly Granted
Description:
Defendant claims set-off of ₹ 2,00,000 security deposit against alleged arrears.
Evidence:
Even though the defendant claims this as set-off, the same can be considered only as adjustment.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice.
Reference:
Ext.A1
Document Type:
Reply Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Reply lawyer notice.
Reference:
Ext.A2
Document Type:
Receipt from KSEB
Submitted By:
Plaintiff
Relevance:
Receipt issued by Senior Superintendent and Public Information Officer, KSEB.
Reference:
Ext.A3
Document Type:
Receipt from KSEB
Submitted By:
Plaintiff
Relevance:
Receipt issued by KSEB in consumer no.115562014307.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter requesting the defendant to vacate premises.
Reference:
Ext.B1
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter conveying reduction of rent due to discussions.
Reference:
Ext.B2
Document Type:
Copy of agreement
Submitted By:
Defendant
Relevance:
Copy of the lease agreement between the parties.
Reference:
Ext.B3
Document Type:
Consumer Profile Details
Submitted By:
Court
Relevance:
Consumer profile details pertaining to electricity connection.
Reference:
Ext.X1
Document Type:
Collection History
Submitted By:
Court
Relevance:
Collection history related to consumer.
Reference:
Ext.X1(a)
Document Type:
Account Summary Statement
Submitted By:
Court
Relevance:
Account summary statement of the defendant.
Reference:
Ext.X2
Document Type:
Account Statement
Submitted By:
Court
Relevance:
Account statement bearing account no 10580100043354.
Reference:
Ext.X3
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
Statement of account bearing no 57039385483.
Reference:
Ext.X4