IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the    30^th  Day of  July  2022

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

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

                                                    CC.405/2020

Thomas Samuel                                 :         Complainant

S/o P.O Samuel

Pulimoottil Veedu

Pallimukku

Kundara, Kollam.

[By Adv.Saju George&Adv.S.Riyas]

V/s

1. Mary Rani Trading LLP           :         Opposite parties

         Regd. Office:10/1

         Popular Tower,

       Vakayar, Konni

       Pathanamthitta-689698.

       Represented by its designated partner

      Mr.Thomas Daniel.

2. Mr.Thomas Daniel

         Designated partner

        Mary Rani Trading LLP

       Regd. Office:10/1

     Popular Tower,

      Vakayar, Konni

     Pathanamthitta-689698.

3. T.Mathunni Panicker

        Kaleelil Plavila Raju Bhavan

        Ambipoika, Kundara P.O

       Kollam-691504.

4. Y.Mathew Panicker

         Mathew Bhavan

         Punnamukku

       Perumpuzha P.O, Kollam-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 as stands amended in short are as follows:-

          The complainant is an Engineer and now he is residing at the address shown in the complaint.  The 1^st opposite party  is a limited liability partnership firm having its registered office at Pathanamthitta.  The 2^nd opposite party is the designated partner of the 1^st opposite party, the 3^rd opposite party is the branch manager of the 1^st opposite party and the 4^th opposite party was the branch manager from the inception till December 2019.

          The opposite parties had advertised that the 1^st opposite party is receiving deposits from the public.  They further assured that the amount deposited in the 1^st opposite party is secured and that the profit share would be given in favour of the depositors based on the profit derived by the firm.  They also assured that the deposit amount with profit are guaranteed and that it shall be returned on demand.  They also assured that the firm is highly reputed, profitable and further assured high return towards deposit amount.  By believing the representation made by the opposite parties, the complainant’s father Sri.Samuel had deposited an amount of Rs.1,00,000/- on 12.02.2018 vide A/c No.776, Rs.1,00,000/- on 26.09.2018 vide A/c No.1029991801112/12.00 and Rs.1,00,000/- dated 07.09.2018 vide A/c No.1029991800884/12.00.  The share amount with stipulated profit in respect of the deposit was agreed to be repaid to the complainant’s father by the opposite parties on demand.  As per the above referred share made by Sri.Samuel, his son the complainant is the nominee.  Now Sri.Samuel is no more.  He died on 30.09.2019.  The complainant’s  father had also issued authorization in favour of the complainant to receive the matured share amount from the 1^st opposite party.  Hence the complainant competent to file this complaint for getting back the share amount with interest/profit share from the opposite parties.  The complainant had approached the 3^rd opposite party at Kundara branch and he claimed the amount realized above.  At that time the 3^rd opposite party requested him to surrender the original certificates so that he shall pay the amount covered as per the certificates.  By believing the representation of 3^rd opposite party the complainant hand over the original receipts to him on 21.08.2020.  At the time of handing over the original certificates, the 3^rd opposite party as the Manager of the 1^st opposite party had endorsed the acceptance of the said certificates and gave the copy of the same and informed the complainant that the amount shall be given to him on 27.08.2020.  On that day the complainant went to the branch office of the 1^st opposite party at Kundara, but the office was found locked.  Thereupon the complainant came to realize that the opposite parties had cheated him by absconding and not paid the amount.  The said amounts are illegally retained by the opposite parties even after the receipts of the said certificates.  As per the terms of the share certificates, the opposite parties, are bound to pay profit  share for the share amount  as agreed in the receipts without any fail.  Further the opposite parties  are legally liable to repay the share amount ton demand.  Immediately the complainant had  preferred  a complaint on 27.08.2020 in respect of the above matter before the SHO, Kundara Police Station.  The police has already started investigation in respect of the complaint made by the complainant and other depositors.  The receipts herein produced is duly signed by the 2^nd opposite party on behalf of the 1^st opposite party and hence all the opposite parties are jointly, severally and vicariously liable to indemnify the complainant for the share amount with stipulated interest.  The complainant is legally entitled to get the share amount with agreed interest mentioned in the share certificate and the opposite parties are liable to repay the said amount to the complainant.  The act of the opposite parties amounts to deficiency in service and unfair trade practice.  Due to the act of the opposite parties, the complainant had suffered financial loss, mental agony and hardship which cannot be compensated in terms of money.  The complainant is entitled to get a total deposit share amount of Rs.3,00,000/- with profit share at the rate of 12% per annum till the date of realization as per the receipt issued by the opposite parties.  Further the complainant is also entitled to realize Rs.1,00,000/- as compensation from the opposite parties and they are legally bound and liable to pay the said sum to the complainants.  Hence the complaint.

          Though notice was served on opposite party No.1 to 4 they remained absent and hence they were set exparte.  The complainant filed  proof affidavit by re-iterating the averments in the complaint and got marked Ext.A1 to A3 documents.      Ext.A1 is a copy of certificate of contribution of Rs.1,00,000/- to the LLP on 12.02.2018.  Ext.A2 is another original certificate of contribution of Rs.1,00,000/- on 07.09.2018 to LLP, it was issued in the name of the complainant.  Ext.A3 is yet another certificate of contribution of Rs.1,00,000/- on 26.09.2018 by the complainant  in favour of the opposite party.  It is true that Ext.A1 is a copy of the certificate.  But it is averred in the complaint by amending the complaint that the original was in the hands of the opposite parties as they received the same but not cleared the amount covered by that certificate.  As the original of the certificate of contribution is in the hands of the obligor and the amount covered by that certificate is not paid to the oblige the complainant is entitled to get the amount covered by Ext.A1 copy of the document also.  The unchallenged averments in the affidavit coupled with Ext.A1 to A3documents would establish the case of the complainant.

It is clear from the available materials that the complainant has sustained much mental agony and financial loss for the non payment of the amount covered by Ext.A1 to A3 certificate of deposits.  Therefore the complainant is entitled to get reasonable compensation. They are also entitled to get costs of the proceedings.

          In the result complaint stands allowed directing:-

1. Opposite parties No.1 to 4 to pay Rs.3,00,000/- as per Ext.A1 to A3 documents with interest @ 12% p.a.

2. Opposite parties are further directed to pay compensation to the tune of Rs.25,000/- and costs Rs.5,000/- to the complainant.

Opposite parties are directed to comply with the above directions within 45 days from today failing which the complainant is entitled to recover the same from opposite parties No. 1to 4 and also 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 30^th  day of  July   2022.

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:           Copy of  certificate of contribution to the LLP dated 12.02.2018 for Rs.1,00,000/-

Ext.A2:           Copy of  certificate of contribution to the LLP dated 07.09.2018 for Rs.1,00,000/-

Ext.A3: Copy of certificate of contribution to LLP dated 26.09.2018 for Rs.1,00,000/-

Witnesses Examined for the opposite party:-Nil

Documents marked for   opposite party:-Nil

E.M.Muhammed Ibrahim:Sd/-

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent