IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
DATED THIS THE 26th DAY OF AUGUST 2022
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Smt.S.Sandhya Rani. Bsc, LLB ,Member
Sri.Stanly Harold, B.A.LLB, Member
CC.No.277/2020
Alexander M.K.,
Nisanth, Marthandapuram,
Mulavana P.O., Kollam
691503. : Complainant
(By Adv. P.Sajeev Babu)
V/s
- My Popular Marine Products LLP
Regd.Office: 13/575, Popular Tower,
Vakayar, PathanamthittaKonni,
Pathanamthitta 689 698
Rep.by its Designated Partner, : Opposite Parties
Thomas Daniel.
- Y.Mathew Panicker,
Former Branch Manager of
My Popular Marine Products LLP
Kundara, Residing at Maliyekkal Mathew Bhavan,
Punnamukku, Perumpuzha P.O.
- T.Mathunni Panicker,
Branch Manager,
My Popular Marine Products LLP
Kundara residing at Plavila Thekkathil
Raju Nivas Ambipoika
ORDER
Sri.Stanly Harold, B.A.LLB, Member
This is a case based on a complaint filed U/s 35 of the Consumer Protection Act 2019.
The averments in the complaint in short are as follows:-
The 1st opposite party is a Limited liability partnership firm having various branches and one among them is at Kundara, Kollam. The 2nd opposite party is the former Manager of the Kundara branch and 3rd opposite party is the present manager.
The complainant attracted by the colourful advertisements, in both print and visual media that the 1st opposite party is offering interest @ 12% per annum for the Fixed deposit with them and by believing the representation of the other opposite parties the complainant deposited Rs.7,00,000/- on 21.11.2019. The opposite parties had issued a receipt bearing No.0007572 dated 21.11.2019 for Rs.7,00,000/- where the opposite parties provided with facility of withdrawing the offered interest monthly. As the complainant has made fixed deposits before the opposite parties he became the consumers of the opposite party. Thereafter the complainant made several demands for the arrears of interest and for return of the amount deposited. The opposite parties failed to do so and now their offices are closed. The opposite parties are illegally withholding the money of the complainant for illegal enrichment which amounts to deficiency in service and unfair trade practice on the part of the opposite parties. According to the complainant the above act of the opposite parties caused severe mental pain and hardships to the complainant. Hence he is entitled to compensation besides the principal amount and agreed interest. Hence the complaint.
Though notice was served to the opposite parties No.1 to 3 they remained absent hence they were set exparte. Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Exts.A1 and A2 documents. Ext.A1 is the copy of advertisement published by the opposite parties. A2 is the original certificate of contribution LLP No. AAJ-1621 with A/c No. 1029991903893/12 dated 21.11.2019 for an amount of Rs.7,00,000/- in the name of the complainant issued by the 1st opposite party.
The unchallenged averments in the complaint coupled with Ext.A2 document would establish prima facie that the complainant had deposited Rs.7,00,000/- with the opposite parties partnership firm at Kundara. According to the complainant he received interest at the rate of 12% till the month of April 2020. Though the complainant had approached the opposite parties to get back the fixed deposit amount along with arrears of interest they have not paid. Later the complainant realized that the opposite parties had closed their business firms. According to him the opposite parties are illegally withholding the money of the complainant for their illegal enrichment. Opposite parties by refraining from discharging their contractual obligation have committed deficiency in service and unfair trade practice, which resulted mental agony apart from financial loss to the complainant.
In the view of the materials available on record it is clear that there is deficiency in service and unfair trade practice on the part of the opposite parties as they failed to repay the amount of Rs.7,00,000/- covered by Ext.A2 fixed deposit receipt along with the agreed interest from the month of May 2020 onwards. In the circumstances we are of the view the complainant is entitled to get the amount covered by the Ext.A2 fixed deposit receipt along with agreed share of profit/interest from May 2020 onwards. As it is brought out that the complainant has sustained much mental agony due to the non-returning of the principal amount and accrued interest, he is entitled to get reasonable compensation and costs from the opposite parties 1 to 3.
In the result complaint stands allowed in the following terms.
- Opposite parties 1 to 3 are directed to return Rs.7,00,000/- covered by Ext.A2 document with agreed rate of profit/share of profit @ 12% per annum from 01.05.2020 onwards to the complainant.
- Opposite parties 1 to 3 are directed to pay Rs.25,000/- as compensation to the complainant.
- Opposite parties 1 to 3 are directed to pay Rs.5,000/- as costs of the proceedings to the complainant.
- Opposite parties 1 to 3 are directed to comply with the above directions within 45 days from today failing which the complainant is at liberty to recover the amount covered by relief No.1 to 3 from opposite parties 1 to 3 jointly and severally and from their assets.
Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Commission this the 26th day of August 2022.
STANLY HAROLD:Sd/-
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI:Sd/-
Forwarded/by Order
Senior superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.A1 : Advertisement notice issued by San Popular Finance
Ext.A2 :Original certificate of contribution LLP No. AAJ-1621
with A/c No. 1029991903893/12 dated 21.11.2019 for
an amount of Rs.7,00,000/-
Witnesses Examined for the opposite party:-Nil
Documents marked for opposite party:-Nil
