IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the  22^nd   Day of  August  2022

    Present: -          Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President

                  Smt.S.Sandhya Rani, Bsc, L.L.B,Member

                               Sri.Stanly Harold, B.A.LLB, Member

                                                    CC.48/2021

Lillykutty MB                                                              :      Complainant

Sarala Sadan

Kumbalam

Kollam-691501.

          [By Adv.P.Sajeev Babu]

V/s

1. My Popular Marine Products LLP                         :         Opposite parties

          Regd.Office 13/575

         Popular Tower

        Vakayar, Pathanamthitta-689698

        Represented by its Designated Partner

         Thomas Daniel.

2. Y.Mathew Panicker

         Former Branch Manager of

        My PopularMarine Products LLP,

       Kundara

       Maliyekkal Mathew Bhavan,

       Punnamukku, Perumpuzha P.O-691504.

3. T.Mathunni Panicker

         Branch Manager

        My PopularMarine Products LLP,

        Kundara

       Plavila Thekkathil

       Raju Nivas, Ambipoika-691501.

FINAL     ORDER

E.M.MUHAMMED IBRAHIM , B.A, LL.M, President

            This  case is 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 1^st opposite party is a Limited liability partnership firm registered under the Partnership Act.  The 2^nd opposite party is the former Manager of the 1^st opposite party Kundara Branch and the 3^rd opposite party is the present manager of Kundara branch of the 1^st opposite party.

          The 1^st opposite party advertised in the news paper dailies and other publications that the 1^st opposite party is offering interest at the rate of 12% per annum to those who have made deposit in the 1^st opposite party as fixed deposit for any particular period with the liberty to withdraw the accrued interest in each and every month by the depositors.  The 2^nd opposite party also personally approached the complainant  and made believe the complainant that if the complainant deposit a sum of money as fixed deposit in the opposite party company as Fixed deposit  for a particular period the company would pay interest at the rate of 12% per annum with the liberty to withdraw the accrued interest in each and every month by the complainant.  As attracted by the advertisement made by the 1^st opposite party in the news paper dailies and other publication and also believed the words of 2^nd opposite party, the complainant deposited Rs.1,70,000/- on 12.06.2019 before the 2^nd opposite party as fixed deposit for a period of 12 months and in turn the 1^st opposite party signed and issued a fixed deposit receipt with A/c No.1029991900832 dated 12.06.2019 for an amount of Rs.1,70,000/- in the name of the complainant.  In the said fixed deposit receipt the opposite parties agreed to pay interest at the rate of 12% per annum allowing the complainant to withdraw the accrued interest in each and every month and also agreed to repay the fixed deposit amount on the maturity date shown in the fixed deposit receipt.  The opposite parties paid the monthly interest of the fixed deposit at the rate of 12% per annum to the complainant up to the month of March 2020 as per the terms and conditions agreed by the opposite parties at the time of receiving the fixed deposit.  But thereafter the opposite parties failed to pay the monthly interest to the complainant.  Thereupon the complainant made several demands to the opposite parties to pay the arrears of interest and also to return the principal fixed deposit amount since there is contractual violation, deficiency in service  and also unfair trade practice on the part of the opposite parties.  Finally on 21.08.2020 the  complainant surrendered the fixed deposit receipt before the 3^rd opposite party for payment and the 3^rd opposite party after giving acknowledgment of the receipt of the fixed deposit certificate agreed to give payment within 2 days.  But the opposite parties failed to do so and now it is seen that the opposite parties closed their offices.  The opposite parties agreed and guaranteed the prompt payment of interest of the fixed deposit amount in each and every month and also agreed to repay the fixed deposit amount on maturity or as and when the complainant makes the demand.  But the opposite parties failed in their service as they had guaranteed, so the above said act and conduct of the opposite parties amounts deficiency in service towards the complainant and also a clear case of contractual violation and also unfair trade practice and the opposite parties are illegally withholding the money of the complainant for their illegal enrichment and in that circumstances the complainant are compelled to file this complaint.  The complainant has sustained much mental agony, discomfort and lot of inconvenience due to the deficiency in service and  also illegal and unfair trade practice played by the opposite parties.  The opposite parties are liable to compensate the complainants on that count also.

          Though notice was served on opposite party no.1 to 3 they remained absent.  Hence they were set exparte.  Complainant filed affidavit and got marked Ext.A1 and A2 documents.

          Heard the counsel for the complainant and perused the records.

Ext.A1 copy of the notice/advertisement regarding the business of the opposite parties.  Ext.A2  is the copy of fixed deposit receipt/certificate of contribution to LLP wherein  it is printed that Mrs.Lillykutty M.B the complainant herein has contributed a sum of Rs.1,70,000/- as the contribution towards her share of partnership in the LLP subject to the limited liability partnership agreement of the firm and that the amount mentioned herein has been received in full.  It would contain seal of the institution.   The  signature of the designated partner is seen affixed on the original.  It is also endorsed in handwriting of the 3^rd opposite party that original of the fixed deposit receipt has seen received for W/D on 21.08.2020.  Below the above endorsement original seal of the 2^nd opposite party is affixed.  In view of the unchallenged averments in the affidavit coupled with Ext.A2 document it is clear that the opposite parties have received Rs.1,70,000/- from the complainant by offering interest @ 12% p.a (which is stated after stating the account number).

          It is also clear from the affidavit that as the opposite party  even after receipt of the original receipt evidencing the deposit the opposite party has not repaid the amount with interest/share of profit as agreed.  According to the complainant the above act of the opposite party amounts to deficiency in service and unfair trade practice and as a result of the above act the complainant has sustained much mental agony apart from financial loss.  In view of the materials available on record we find force in the above allegations in the complaint  and averments in the affidavit .  In the circumstances we find that the complainant is entitled to get principal amount along with agreed share of profit/ interest.  It is clear from the averments in the complaint and affidavit that the opposite parties paid monthly interest of the fixed deposit @ 12% p.a up to the month of March 2020 as per the terms and conditions agreed by the opposite parties at the time of receiving the amount.  But there after the opposite  party failed to pay monthly interest.  In the circumstances the complainant  is entitled to get the agreed interest from the  month of April 2020 till today and thereafter interest @ 9% p.a.  The complainant is also entitled to get reasonable compensation for the mental agony sustained to her due to deficiency in service and unfair trade practice committed by the opposite party.

          In the result the complaint stands allowed in the following terms:-

1. Opposite parties No.1 to 3 are directed to pay Rs.1,70,000/- with interest @ 12% p.a from 01.04.2020 till today and thereafter interest @ 9% p.a  till realization.
2. Opposite parties No.1 to 3 are directed to pay compensation to the tune of Rs.10,000/- along with  interest @ 9% p.a till realization.
3. The opposite party No.1&2 are also directed to pay Rs.5000/- as costs of the proceedings to the complainant.
4. Opposite parties No.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 under relief No.1 to 3 from opposite party No.1 to 3 jointly and severally and from their assets.

Dictated to the Confidential Assistant  Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Commission this the  22^nd  day of  August   2022.

E.M.Muhammed Ibrahim:Sd/-

S.Sandhya Rani:Sd/-

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent

INDEX  

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.A1:       Copy  of advertisement notice issued by San Popular Finance.

Ext.A2:       Copy of Certificate of contribution to LLP worth Rs.1,70,000/- of  My Popular Marine Products LLP.

Witnesses Examined for the opposite party:-Nil

Documents marked for   opposite party:-Nil

E.M.Muhammed Ibrahim:Sd/-

S.Sandhya Rani:Sd/-

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent