IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
Dated this the 14th Day of July 2022
Present: - Smt.S.Sandhya Rani, Bsc, L.L.B(President I/C)
Sri.Stanly Harold, B.A.LLB, Member
CC.302/2020
Jisha Varghese : Complainant
Jinesh Bhavan
Vadacodu, Thalavoor P.O
Kollam-691508.
[By Adv.P.Sajeev Babu]
V/s
- My Popular Marine Products LLP : Opposite parties
Regd.Office 13/575
Popular Tower
Vakayar
Konni, Pathanamthitta-689698
Represented by its Designated Partner
Thomas Daniel.
- Y.Mathew Panicker
Former Branch Manager of
My Popular Marine Products LLP
Kundara
Maliyekkal Mathew Bhavan,
Punnamukku, Perumpuzha P.O-691504.
- 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 1st opposite party is a limited liability partnership firm registered under the Partnership Act. The 2nd and 3rd opposite parties are the former and present Managers respectively of the Kundara Branch of 1st opposite party. As attracted by the advertisement made by the 1st opposite party in the news paper dailies and other publications and by believing the words of 2nd opposite party, the complainant has deposited Rs.1,00,000/- before the 1st opposite party as fixed deposit for a period of 1 year at the rate of 12% interest per annum and in turn the 1st opposite party has issued a certificate of contribution to LLP with Receipt No.0005659(A/c No.1029991902000) dated 01.08.2019 and they have allowed the complainant to withdraw the accrued interest along with principal amount on maturity. But the opposite parties have failed to give the annual accrued interest due to the complainant when it was matured. Thereupon on 02.08.2020 the complainant demanded Rs.1,12,000/- from the opposite parties as fixed deposit amount along with 12% annual interest due, but they have failed to return the amount. Thereafter the complainant could realized that the opposite parties have closed their offices. According to the complainant the opposite parties are illegally withholding her deposit money for their illegal enrichment and which caused much mental agony apart from lot of inconvenience. This is a clear case of deficiency in service and unfair trade practice. In the circumstances opposite parties No.1 to 3 are directed
- To pay Rs.1,00,000/- along with interest at the rate of 12% per annum from 01.08.2019 till the date of payment to the complainant.
- To pay Rs.25,000/- to the complainant towards the compensation for mental agony, discomfort and inconvenience caused to the complainant.
- To pay Rs.10,000/- 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 of contribution to LLP dated 01.08.2019 issued by My Popular Marine Products LLP in favour of Jisha Varghese would indicate that on 01.08.2019 the complainant has contributed a sum of Rs.1,00,000/- as the contribution towards her share of partnership in the LLP.
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 01.08.2019, hence she is entitled to get Rs.1,00,000/- as the fixed deposit amount along with 12% interest per annum. Though the complainant had approached the opposite parties on several times to get back the deposit money, she didn’t get back the same. In the circumstances it is evident that the opposite parties 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 material 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 of Rs.1,00,000/- along with 12% interest per annum since 01.08.2019. Therefore the complainant is entitled to get the deposit amount with interest at the rate of 9% p.a from 01.08.2019 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.
- Directing the opposite parties No.1 to 3 to pay Rs.1,00,000/- along with interest @ 9% per annum from 01.08.2019 till the date of payment to the complainant.
- Directing the opposite parties to pay Rs.10,000/- to the complainant towards compensation for mental agony, discomfort and inconvenience caused to the complainant.
- 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 14th 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: Copy of advertisement notice issued by San Popular Finance.
Ext.A2: Certificate of contribution to LLP worth Rs.1,00,000/-receipt No.0005659 of My Popular Marine Products LLP dated 01.08.2019.
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
