IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE     30^th   DAY OF NOVEMBER 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.05/2022

Santhosh Yohannan,

50 years, S/o Yohannan,

Santhosh Bhavan,

Hospital Junction, Kundara, Kollam.                                   :          Complainant

(By Adv. K.Abdul Shahan)

V/s

1. Mary Rani Trading LLP

     Rep.by its Designated Partner Thomas Daniel

     Regd.Office, Popular Towers,

      Vakayar , Pathanamthitta

2. T.Mathunni Panicker,53 years,

     Branch Manager ,

     Popular Traders(Popular Finance),

         Kundara,Residing at Plavila Thekkathil,

    Raju Nivas, Ambipoika P.O.,

     Kundara, Kollam 691501.                                                     :          Opposite parties

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 1^st opposite party is a proprietary firm in the name and style, My Popular Marine Products Limited Liability Partnership represented by its Designated Partner, Thomas Daniel. The 2^nd opposite party is the Branch Manager of Mary Rani Trading Limited Liability Partnership. The 1^st opposite party advertised in the newspaper dailies and other publications that the 1^st opposite party is offering interest @ 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 or quarter year by the depositors.  The officials of the opposite parties also personally approached the complainant and made him tobelieve the complainant that if the complainant deposit a sum of money as fixed deposit in the opposite parties company for a particular period the company would pay interest @ 12% per annum/share of profit with liberty to withdraw the accrued interest with the deposited amount in each and every month or quarter year or on demand by the complainant.

  As attracted by the advertisement and believing the words of the 2^nd opposite party, the  complainant deposited Rs.3,00,000/- on 15.09.2018  before the 2^nd opposite party firm as Fixed Deposit for a period of 12 months and in turn the opposite parties issued a fixed deposit receipt No.0002935 (A/c No.1029991800970) in the name of the complainant.   As the complainant made the fixed deposit before the opposite parties, the complainant became the consumer of the opposite parties.  They agreed to release the amount along with interest covered by the fixed deposit certificates to the complainant on or before the maturity period or on demand.  Thereupon the  complainant made several demands to the opposite parties to pay the arrears of interest/share profit along with the fixed deposit amount to the complainant, but they have failed to do so.  Thereafter the complainant could realize that the opposite parties have closed their offices. The opposite parties are illegally withholding the money of the complainant for their illegal enrichment, which caused much mental agony and lot of inconveniences to the complainants. The above acts of the opposite parties amounts to deficiency in service and unfair trade practice. Therefore the complainants 1and 2 are claiming return of the deposit amount Rs.3,00,000/- along with interest as well as compensation and costs from the opposite parties.  Hence the complaint.

Though notice was served to the opposite parties No.1 and 2 they remained absent, hence they were set exparte.  Complainant filed chief affidavit by reiterating the averments in the complaint and got marked Exts.A1 and A2 documents.  Ext.A1 is the Power of Attorney.  Ext.A2 is certificate of contribution dated 15.09.2018 for Rs.3,00,000/- LLP No.AAK-0603 and A/c No.1029991800970.

As per the averments in the complaint the complainant has made fixed deposit of Rs.3,00,000/- for a period of 12 months by expecting interest @ 12% per annum and received fixed deposit receipt endorsing the above terms and conditions.   But what is produced is not the above said fixed deposit receipt indicating the period of fixed deposit noting the rate of interest as alleged in the complaint. 

Contributing to LLP firm means becoming a partner/owner of the partnership firm with limited liability.  One of the several partners/owners is not expected to file any complaint against the firm or other partners under the Consumer Protection Act since the owner/partner is not a consumer of the firm.  In the circumstances we are of the view that the complaint is not maintainable.  In the result the complaint stands dismissed.

No costs.

Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 30^th day of  November 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             : Power of Attorney

Ext.A2             : Certificate of contribution to LLP dated 15.09.2018 for Rs.3,00,000/-

                          LLP No.AAK-0603 and A/c No.1029991800970.

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil