IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   30^th DAY OF SEPTEMBER 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.281/2020

Shiny Jose,

Shiny Villa, Padappakara P.O.,

Mulavana, Kollam.

(By Adv. P.Sajeev Babu)                                                    :           Complainant

V/s

1. My Popular Marine Products LLP

              Regd.Office: 13/575, Popular Tower,

         Vakayar ,Konni,

        Pathanamthitta 689 698

        Rep.by its Designated Partner,                                           :     Opposite Parties

        Thomas Daniel.

2. Y.Mathew Panicker,

              Former Branch Manager of

             My Popular Marine Products LLP

            Kundara, Residing at Maliyekkal Mathew Bhavan,

             Punnamukku, Perumpuzha P.O.

3. T.Mathunni Panicker,

          Branch Manager,

             My Popular Marine Products LLP

            Kundara residing at Plavila Thekkathil

             Raju Nivas Ambipoika

ORDER

Smt.Sandhya Rani, B.Sc, 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 Limited Liability partnership firm registered under the Partnership Act.  The 2^nd and 3^rd opposite parties are the former and present managers respectively of Kundara branch of 1^st opposite party. 

As attracted by the advertisements made by 1^st opposite party in newspaper dailies and other publications and also by believing the words of 2^nd opposite party, the complainant has deposited a sum of Rs.5,00,000/- before 2^nd  opposite party as fixed deposit for a period of 12 months at the rate of interest 12% per annum and in turn the opposite parties issued a signed fixed deposit  Receipt no.0003657 with A/c No.1029991900062 dated 17.04.2019 in the name of the complainant.   The opposite parties had agreed to pay interest @ 12% per annum by allowing the complainant to withdraw the accrued interest in each and every month and also agreed to repay the fixed deposit amount along with interest on the maturity date. As per the above mentioned terms and conditions the opposite parties have paid monthly interest to the complainant upto the month of April 2020 and thereafter they have failed to pay the interest. Thereupon the  complainant approached the opposite parties several times for getting back the entire amount along with interest accrued since there is contractual violation, deficiency in service and unfair trade practice on the part of opposite parties but they were not turned up.  Thereafter the complainant could realized that the opposite parties have closed their offices. This is a case in which the complainant availed the service of the opposite parties for consideration but they have failed to provide their service to the complainant as they have agreed at the time of receiving the fixed deposit amount.  That the opposite parties are illegally withholding the money of the complainant for their illegal enrichment, which caused much mental agony apart from financial loss to the complainant.  The above acts of the opposite parties amounts to deficiency in service and unfair trade practice. Therefore the complainant claiming the deposit amount Rs.5,00,000/- along with interest as well as compensation and costs from the opposite parties.  Hence the complaint.

Though notice issued from CDRC, Kollam was received by the opposite parties 1 to 3, they have not appeared before the commission hence opposite parties 1 to 3 are set exparte.  Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Ext.A1 and A2 documents and heard the counsel for the complainant.  

Ext.A1 advertisement notice issued by San Popular Finance.  Ext.A2 is certificate of contribution to LLP dated 17.04.2019 issued by My Popular Marine Products LLP, Kundara Branch  in favour of the complainant Miss.Shiny Jose would indicates that the complainant has contributed  a sum of Rs.5,00,000/- as contribution towards her share of partnership in LLP.

            As per the averments in the complaint the complainant has made a fixed deposit of Rs.5,00,000/- 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.  Ext.A2 got marked in evidence is certificate of contribution to LLP (Limited Liability Partnership) which shows that the complainant has contributed Rs.5,00,000/- and not the fixed deposit receipt indicating the period of fixed deposit or rate of interest.  Moreover Ext.A1 advertisement is not relating to any contribution to LLP but it relates to gold loan and fixed deposits.

Contribution 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  September 2022.  

S.SANDHYA RANI:Sd/-

E.M .MUHAMMED IBRAHIM:Sd/-

                                                                                    STANLY HAROLD: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            :  Certificate of contribution to LLP dated 17.04.2019

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil