IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the   12^th  Day of  July   2022

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

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

                                                    CC.415/2020

Aleyamma.G                                               :         Complainant

Pallivadakkathil Ajo Villa

Mulavana P.O, Punnathadam

Kollam-691503.

[By Adv.P.Sajeev Babu]

V/s

1. Mary Rani Trading  LLP                    :         Opposite parties

         Regd.Office 10/1

        Popular Tower

       Vakayar P.O

        Konni, Pathanamthitta-689698

        Represented by its Designated Partner

         Thomas Daniel.

2. Y.Mathew Panicker

        Former Branch Manager

         Mary Rani Trading LLP

        Kundara

       Maliyekkal Mathew Bhavan,

       Punnamukku, Perumpuzha P.O-691504.

3. T.Mathunni Panicker

        Branch Manager

       Mary Rani Trading LLP

      Kundara

      Plavila Thekkathil

     Raju Nivas, Ambipoika-691501.

FINAL    ORDER

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

          The 1^st opposite party is the Designated Partner of the Limited Liability Partnership firm with 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. By attracting 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.1,00,000/- before 2^nd opposite party as fixed deposit for a period of 3 years with interest at the rate of 12%  per annum and in turn the 1^st opposite party signed and issued a  fixed deposit receipt LLP No.AAK-0603-0003954 with A/c No.1029991801991 dated 01.01.2019 in the name of the complainant.  Moreover the opposite parties have allowed the complainant to withdraw the accrued interest in each and every month or quarterly.  Thus the opposite parties had paid monthly interest to the complainant up to June 2020 and thereafter they have failed to pay the same.  Though the complainant had approached the opposite parties several times for the deposit amount and its interest, they didn’t turned up thereafter the complainant realized that the opposite parties have purposefully closed their offices.  According to the complainant for the illegal enrichment of the opposite parties they have illegally withhold the deposited amount of the complainant and which caused much mental agony and lot of inconvenience.   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.1,00,000/- along with interest at the rate of  12% per annum from 01.07.2020 till the date of payment to the complainant.
2. To pay Rs.30,000/- 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 true copy of advertisement notice issued by San Popular Finance.  Ext.A2 certificate dated 01.01.2019 issued by  Mary Rani Trading LLP in favour of Mrs.Aleyamma,  the applicant here, for a sum of  Rs.1,00,000/- evidencing that the applicant has contributed the said sum as his share of partnership in the LLP as per A/c No.1029991801991 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.1,00,000/- with opposite parties. 

The complainant sworn in the complaint as well as in the proof affidavit that she had not drawn interest since June 2020.  Though the complainant had approached the opposite parties No.1 to 3 to get back the fixed deposit amount along with interest several times she didn’t get back the same.  It is clear from the available materials that the complainant has sustained much mental agony apart from financial loss due to the nonpayment of the amount contributed along with agreed share of profit.  By refraining from discharging their contractual obligation the opposite parties have committed deficiency in service and unfair trade practice and therefore the complainant is entitled to get compensation for mental agony also.

In view of the unchallenged averments in the complaint coupled with Ext.A1 and A2 documents 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.1,00,000/- along with interest Since June 2020.

     Therefore the complainant is entitled to get the deposit amount with interest at the rate of 9% p.a from 01.07.2020 and to get a reasonable compensation of Rs.10,000/- and costs Rs.5000/- 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.1,00,000/- along with interest @ 9% per annum from 01.07.2020  till the date of payment to the complainant.
2. Directing the opposite parties to pay Rs.10,000/- 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  12^th  day of  July   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:       Certificate of contribution to LLP worth Rs.1,00,000/-receipt No.0003954  of  Mary Rani Trading  LLP dated 1.1.2019.

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