IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the    20^th  Day of  June   2022

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

        Smt.S.Sandhya Rani, Bsc, L.L.B,Member

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

                                                    CC.340/2020

Alexander.P.J                                              :         Complainant

Palli vadakkathil
Steefi Cottagee

Punnathadom

Mulavana P.O

Kollam.

[By Adv.P.Sajeev Babu]

V/s

1. My Popular Marine Products LLP      :         Opposite parties

        Regd.Office 13/575

       Popular Tower

       Vakayar

      Konni, Pathanamthitta-689698

     Represented by its Designated Partner

     Thomas Daniel.

2. Y.Mathew Panicker

         Former Branch Manager of

          My Popular Marine Products LLP

         Kundara

        Maliyekkal Mathew Bhavan,

       Punnamukku, Perumpuzha P.O-691504.

3. T.Mathunni Panicker

          Branch Manager

         My Popular Marine Products LLP

        Kundara 

        Plavila Thekkathil

        Raju Nivas, Ambipoika-691501.

FINAL ORDER

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

          The 1^st opposite party is a Limited Liability Partnership firm in the name and style by Popular Marine Products LLP registered under the Partnership Act.   The 2^nd opposite party is the former Manager of 1^st opposite party Kundara Branch and 3^rd opposite party is the present Manager of Kundara Branch.  By attracting the advertisements made by 1^st opposite party in newspaper and other publications and also influenced by the talk held by 3^rd and 4^th opposite parties the complainant deposited Rs.5,00,000/- 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 fixed deposit receipt No.0002218(A/c No.102991800259) dated 28.05.2018.  In the fixed deposit receipt the opposite  parties had agreed to pay interest at the rate of 12% per annum by allowing the complainant to withdraw the accrued interest on each and every month.  As per the terms and conditions agreed by opposite parties they have paid monthly interest to the complainant upto June 2020 and thereafter they have failed to pay the same.  As per the understanding and compromise with the opposite parties, the wife of the complainant surrendered the original Fixed Deposit Receipt of Rs.5,00,000/- before 3^rd opposite party and accepted a signed photocopy of said Fixed Deposit receipt after affixing the official seal of the partnership firm on the assurance that they would return the said amount with interest from 26.06.2020 on or before 15.08.2020 but the complainant did not get the same.  Though the complainant demanded the deposited amount and its due interest, the opposite parties did not cared the same and at last he could realize that the opposite parties have closed their offices.  This is a case in which the complainant availed the services of the opposite parties for consideration, but opposite parties willfully, illegally and arbitrarily failed to provide the service to the complainant as they have agreed.  The opposite parties illegally withheld the money of the complainant for their illegal enrichment and which caused much mental agony and lot of inconvenience to the complainant.  The above acts of the opposite parties amounts to deficiency in service and unfair trade practice.  In the circumstances the opposite  parties are directed,

1. to pay Rs.5,00,000/- along with interest @12% p.a from 28.05.2018 till the date of  payment to the complainant.
2. to pay Rs.75,000/- to the complainant towards compensation for mental agony, discomfort and inconvenience .
3. to pay Rs.25,000/- to the complainant towards costs of the proceedings.

Hence the complaint.

Though notice issued from DCDRC, Kollam was received by the 1^st and 2^nd opposite parties, 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 marked Ext.A1 and A2 documents and heard the counsel for the complainant.

Ext.A1 advertisement notice issued by San Popular Finance.  Ext.A2 certificate of contribution to My Popular Marine Products LLP indicating that the complainant Alexander.P.J has contributed a sum of Rs.5,00,000/- on 28.05.2018 as his share of partnership in the LLP as per A/c No.1029991800259.

The unchallenged averments coupled with Ext.A1 and A2 documents would establish prima facie that the complainant has deposited Rs.5,00,000/- with opposite parties My Popular Marine Products LLP.

The complainant has sworn in the complaint as well as in the proof affidavit that he has not drawn interest since July 2020.  Though the complainant has approached the opposite parties to get back the fixed deposit amount along with arrears of interest but not paid.  Later the complainant realized that the opposite parties have closed their offices.  That the opposite parties have illegally withheld 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 caused mental agony apart from financial loss to the complainant.

In view of the above materials available on records it is evident that there exists deficiency in service and unfair trade practice on the part of opposite parties as they have failed to repay the fixed deposit amount Rs.5,00,000/- along with 9% interest since July 2020.  Hence we are of the view that the complainant is entitled to get the deposit amount with agreed interest from 29.07.2018 and to get a reasonable compensation of Rs.25,000/- and costs from opposite parties No.1 to 3 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.5,00,000/- along with interest @ 9% per annum from 29.07.2018 till the date of payment to the complainant.
2. Directing the opposite parties No.1 to 3 to pay Rs.25,000/- to the complainant towards compensation for mental agony, discomfort and inconvenience caused to the complainant.
3. Directing the opposite parties No.1 to3 to pay Rs.10,000/- to the complainant towards 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  20^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:       Photocopy of certificate of contribution to LLP worth Rs.5,00,000/-receipt No.0002218  of  My Popular Marine Products LLP.

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