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.387/2020

1. Johnson J.,

       Puthen Veedu,

       Karuvellil P.O.,

      Ezhukone, Kottarakkara,

       Kollam 691505.

       (By Adv. P.Sajeev Babu)

2.  Asha Jansy Johnson,

         Palakkottu BSNRA-C-36,

        Kottamughal, Nalamchira,

          Trivandrum.                                                                                    :           Complainants

         (By Adv. P.Sajeev Babu)

V/s

1. Mary Rani Trading LLP

              Regd.Office: 10/1, Popular Tower,

        Vakayar P.O., Konni,

       Pathanamthitta 689 698

       Rep.by its Designated Partner,                                                      :    Opposite Parties

       Thomas Daniel.

2. Y.Mathew Panicker,

               Former Branch Manager of

            Mary Rani TradingLLP

            Kundara, Residing at Maliyekkal Mathew Bhavan,

             Punnamukku, Perumpuzha P.O.

3. T.Mathunni Panicker,

          Branch Manager,

              Mary Rani Trading 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 Party 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 and 3^rd opposite parties, that they would give interest @ 12% per annum to those who have made deposits with opposite parties for a particular period with liberty to withdraw the accrued interest in each and every month or quarterly.  The complainants 1 and 2 have made the following 3 fixed deposits with opposite parties that the 2^nd complainant has deposited Rs.1,00,000/- before 2^nd  opposite party on 18.11.2017 as fixed deposit for a period of 36 months  and in turn the 1^st opposite party signed and issued a fixed deposit  Receipt LLP No.AAK-0603 (A/c No.406) dated 14.11.2017 in favour of 2^nd complainant.  Again the 2^nd complainant has deposited another Rs.1,00,000/- before 2^nd opposite party for a period of 36 months and in turn the 1^st opposite party signed and issued a fixed deposit receipt LLP No.AAK 0603-00021138 (A/c No.1029991800152) dated 18.04.2018 in the name of 2^nd complainant.  Again on 01.10.2018 the 1^st complainant was deposited another Rs.1,00,000/- before 2^nd opposite party as fixed deposit for a period of 36 months and in turn the 1^st opposite party signed and issued a fixed deposit receipt LLP No.AAK-0603-003202(A/c No.1029991801230) in the name of 1^st complainant.  In the fixed deposit receipts the opposite parties had agreed to pay interest @ 12% per annum by allowing the complainants to withdraw the accrued interest in each quarter year and also agreed to repay the fixed deposit amount on the maturity date shown in the receipts.  As per the terms and conditions the opposite parties have paid the quarterly interest to the complainants upto the month of May 2020 and thereafter they have failed to pay the interest.     Thereupon the  complainants have approached the opposite parties several times and demanded the entire amount along with interest accrued but they have failed to return the same.  Thereafter the complainants could realize that the opposite parties have closed their offices. According to the complainants, they have availed the services of the opposite parties for consideration but the opposite parties have wilfully, illegally and arbitrarily failed to provide service to the complainants as they have  agreed at the time of depositing amounts.  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 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 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.   The 1^st complainant has filed proof affidavit for both the complainants by reiterating the averments in the complaint and got marked Ext.A1 to A4  documents and heard the counsel for the complainant.  

Ext.A1 advertisement notice issued by San Popular Finance.  Ext.A2 certificate of contribution to the LLP dated 18.11.2017 issued by Mary Rani Trading LLP in favour of the 2^nd complainant Mrs.Asha Jansy Johnson would indicates that she has deposited  a sum of Rs.1,00,000/- on 18.11.2017 as contribution towards her share of partnership in LLP.  Ext.A3 , certificate of contribution to LLP dated 18.04.2018 issued by Mary Rani Trading LLP in favour of the 2^nd complainant Mrs.Asha Jansy Johnson would indicates that she has deposited another 1,00,000/- on 18.04.2018 as contribution towards her share of partnership in LLP.  Ext.A4 certificate of contribution to LLP dated 01.10.2018 issued by Mary Rani Trading LLP in favour of Mr.Johnson, the first complainant, would indicates that he has deposited Rs.1,00,000/- on 01.10.2018 as contribution towards his share of partnership in the LLP.

As per the averments in the complaint in the complainants have made fixed deposits of Rs.3,00,000/- for a period of 36 months by expecting interest @ 12% per annum and received fixed deposit receipts endorsing the above terms and conditions.  But what is produced is not the above said fixed deposit receipts.  Ext.A2, A3 and A4 got marked in evidence are certificate of contribution to LLP (Limited Liability Partnership) which shows that the complainants have contributed Rs.3,00,000/- 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 the LLP dated 18.11.2017 issued by Mary Rani Trading LLP

Ext.A3             : Certificate of contribution to LLP dated 18.04.2018 issued by Mary Rani Trading LLP

Ext.A4             : Certificate of contribution to LLP dated 01.10.2018 issued by Mary Rani Trading LLP                      

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil