IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the    30^th  Day of  June   2022

  Present: -  Smt.S.Sandhya Rani, Bsc, L.L.B(President I/C)

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

                                                    CC.366/2020

Abraham                                                      :         Complainant

Mudappilangal Roy Bhavan

Alummoodu P.O

Kureepalli, Kollam.

[By Adv.P.Sajeev Babu]

V/s

1. Mary Rani Trading LLP                     :         Opposite parties

         Regd.Office : 10/1,

         Popular Tower

         Vakayar

       Konni, Pathanamthitta-689698

      Represented by its Designated Partner

       Sri. Thomas Daniel.

2. Y.Mathew Panicker

        Former Branch Manager of

      Mary Rani Trading LLP

      Kundara

      Maliyekkal Mathew Bhavan,

      Punnamukku, Perumpuzha P.O.

3. T.Mathunni Panicker

        Branch Manager

      My Popular Marine Products LLP

      Kundara

      Plavila Thekkathil

      Raju Nivas, Ambipoika.

FINAL ORDER

Smt.S.Sandhya Rani (President I/C)

          The 1^st opposite party is the Designated Partner of the Limited Liability Partnership firm in the name and style Mary Rani Trading LLP.  The 2^nd and 3^rd opposite parties are the former and present Managers respectively of the Kundara Branch of 1^st opposite party. Attracted by the advertisement made by the 1^st opposite party through newspapers and other publications and also by believing the words of opposite parties No.2and 3 the complainant has deposited Rs.1,40,000/- before 2^nd opposite party as fixed deposit for a period of 36 months at the rate of 12% interest per annum and in turn the 1^st opposite party issued a signed fixed deposit receipt LLP No.AAK-0603-0003317 with A/c No.1029991801346 dated 17.10.2018 in his name.  And the opposite parties had allowed 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.  As per the terms and conditions agreed by the opposite parties they had paid interest of the fixed deposit  at the rate of 12% per annum to the complainant since May 2020, and thereafter they have failed to pay the same.  Even though the complainant had approached the opposite parties several times for the deposit amount and its interest, they didn’t turned up.  Now the complainant realized that the opposite parties have closed their offices.  Though the complainant had paid consideration with intend to avail service from opposite parties, but the opposite parties have failed to provide the agreed service to him.  According to the complainant the opposite parties are illegally withholding the deposit amount of the complainant for their illegal enrichment which caused much mental agony apart from financial loss.  This is a clear case of deficiency in service and unfair trade practice.  In the circumstances opposite party No.1 to 3 are directed

1. To pay Rs.1,40,000/- along with interest at the rate of  12% per annum from June 2020 till the date of payment to the complainant.
2. To pay Rs.40,000/- to the complainant towards the compensation for mental agony, discomfort and inconvenience caused to the complainant.
3. To pay Rs.15,000/- to the complainant towards the cost of the proceedings.  Hence the complaint.

Though notice issued from DCDRC, Kollam was received by the opposite parties No.1 to 3, they have not appeared before the Commission.  Hence opposite parties No.1 to 3 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 copy of advertisement notice issued by San Popular Finance.  Ext.A2 certificate dated 17.10.2018 issued by  Mary Rani Trading LLP in favour of Mr.Abraham, if the applicant here for a sum of  Rs.1,40,000/- evidencing that the applicant has contributed the said sum as his share of partnership in the LLP as per A/c No.1029991801346 at the rate of 12% per annum.

The unchallenged averments in the affidavit coupled with Ext.A1 and A2 documents would establish prima facie that the complainant has deposited Rs.1,40,000/- with opposite parties.  The complainant sworn in the complaint as well as in the proof affidavit that she had not drawn interest sinch June 2020.  Though the complainant had approached the opposite parties to get back the fixed deposit amount along with interest several times that has not been given to the complainant.  The opposite parties No.1 to 3 are illegally withholding the money of the complainant for their illegal enrichment.  By refraining from discharging their contractual obligation the opposite parties have committed deficiency in service and unfair trade practice which resulted in mental agony apart from financial loss to the complainant.

In view of the above materials available on record we are of the view  that  there exists deficiency in service and unfair trade practice on the part of  opposite parties No.1 to 3 as they have failed to repay the fixed deposit amount  Rs.1,40,000/- along with 12% interest since June 2020.  Therefore the complainant is entitled to get the deposit amount with interest at the rate of 9% from 17.06.2020 and to get a reasonable compensation of  Rs.15,000/- and costs Rs.5000/- from opposite parties No.1 to3 jointly and severally and from their assets.

          In the result complaint stands allowed.

1. Directing the opposite parties No.1 to 3 to pay Rs.1,40,000/- along with interest @ 9% per annum from 17.06.2020  till the date of payment to the complainant.
2. Directing the opposite parties to pay Rs.15,000/- to the complainant towards compensation for mental agony, discomfort and inconvenience caused to the complainant.
3. Directing the opposite parties to pay Rs.5000/- to the complainant towards the costs of the proceedings.

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  June   2022.

S.Sandhya Rani:Sd/-

(President I/C)

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent

INDEX  

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

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

Ext.A2:       Original certificate of contribution to LLP worth Rs.1,40,000/-receipt No.0003317 of  Mary Rani Trading LLP dated 17.10.2018.

Witnesses Examined for the opposite party:-Nil

Documents marked for   opposite party:-Nil

S.Sandhya Rani:Sd/-

(President I/C)

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent