IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE    30^th  DAY OF JUNE 2022

Present: -    Smt.S.Sandhya   Rani. Bsc, LLB ,Member

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

    CC.No.338/2020

Lalamma Luckose,

Punnavila New Bhavan,

Hospital Junction,

Kundara, Kollam 691501.                                         :         Complainant

(By Adv. P.Sajeev Babu)   

V/s

1. Mary Rani Trading LLP

               Regd.Office 10/1,

          Popular Tower, Vakayar P.O. , Konni,

          Pathanamthitta 689698

           Rep.by its Designated Partner,                              : Opposite Parties

            Thomas Daniel.

2.  Y.Mathew Panicker,

                 Former Branch Manager of Mary Rani Trading LLP

                 Kundara, Residing at Maliyekkal Mathew Bhavan,

                  Punnamukku, Perumpuzha P.O., 691504.

3. T.Mathunni Panicker,

        Branch Manager,

              Mary Rani Trading LLP

               Kundara residing at Plavila Thekkathil

               Raju Nivas, Ambipoika 691501.

ORDER

Sri.Stanly Harold, B.A.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 the partnership firm registered under the partnership Act.  The 2^nd opposite party is the former Manager and 3^rd opposite party is the present manager of Kundara branch of the 1^st opposite party.

          The 1^st opposite party advertised in the newspaper dailies and other publications that the 1^st opposite party is offering interest @ 12% per annum to those who have made deposit in the 1^st opposite party as fixed deposit  for any particular period with the liberty to withdraw the accrued interest in each and every month by the depositors.  The 2^nd and 3^rd opposite parties also personally approached the complainant and made believe the complainant that if the complainant deposit a sum of money as fixed deposit in the opposite parties company as fixed deposit for a particular period the company would pay interest @ 12% per annum with the liberty to withdraw the accrued interest in each and every month by the complainant.  Thereafter the complainant deposited Rs.1,00,000/- on 14.09.2018 before the 2^nd opposite party as fixed deposit for a period of 36 months and in turn the 1^st opposite parties signed and issued a fixed

deposit receipt LLP NO.AAK-0603-0002922 with A/c No.1029991800957 dated 14.09.2018 for an amount of Rs.1,00,000/-.  In the said fixed deposit receipt the opposite parties agreed to pay interest @ 12% per annum allowing 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 said certificate.

          The opposite parties paid the monthly interest of the fixed deposit @ 12% per annum to the complainant up to the month of March  as per the terms and conditions agreed by the opposite parties at the time of receiving the fixeddeposits.  Thereafter the complainant made several demands to the opposite parties to pay the arrears of interest and also to return the principal fixed deposit

amount of Rs.1,00,000/-.  This is a clear case of contractual violation, deficiency in service and also an unfair trade practice on the part of the opposite parties.  The 2^nd and 3^rd opposite parties on 07.08.2020 agreed to returned the entire amount covered by the fixed deposit receipt as per the agreement.

          The opposite parties agreed and guaranteed the prompt payment of interest of the fixed deposit amount in each and every quarter year and also agreed to repay the fixed deposit amount on maturity or as and when the complainant makes the demand.  But the above said act of the opposite parties are a clear case of deficiency in service contractual violation and also unfair trade practice on the complainant.  They are illegally withholding money of the complainant for their illegal enrichment.  Hence the complaint.

          Notice issued from the Forum/Commission was served to the opposite parties.  The opposite parties were called absent and hence set exparte.  The complainant filed proof affidavit by a reiterating averments in the complaint and got marked Ext.A1 and A2 documents.  Heard counsel for the complainant and perused the records.  Ext.A1 is the photocopy of the advertisement publication by the opposite party.  Ext.A2 is the original of Fixed deposit receipt No.LLP No.AAK-0603-0002922 with A/c no.1029991800957/12 dated 14.09.2018 for an amount of Rs.1,00,000/-.

          The unchallenged averments in the affidavit coupled with Ext.A1 and A2 documents would establish prima facie that complainant had deposited Rs.1,00,000/- on 14.09.2018 in her name.  It is clear from Ext.A2 document that the opposite parties have promised to pay 12% interest per annum and return the FD received at the time of maturity.   It is pertinent to note that the complainant has availed the service of the opposite parties.  But they wilfully, illegally and arbitrarily failed to provide the service to complainant.   The opposite parties have misappropriated the entire amount deposited by the customer including the complainant and thereafter closed the branch office and absconded without repaying the amount deposited or its share of profit to the depositors.  It is crystal clear that there is deficiency in service contractual violation and unfair trade practice on the part of the opposite parties.  In the circumstances complainant is entitled to get an order directing the opposite party to pay Rs.1,00,000/- deposited along with the offered from 14.09.2018 and to get a reasonable compensation of Rs.20,000/- and cost Rs.5,000/- from opposite parties 1 to 3 jointly and their assets.

          In the result complaint stands allowed in the following terms.

          Opposite parties 1 to 3 are directed to pay Rs.1,00,000/- along with interest @12% per annum from 14.09.2018 till the date of payment and also pay Rs.25,000/- as compensation for the mental agony and inconvenience caused to complainant and opposite parties 1 to 3 are directed to pay cost Rs.5,000/- of the proceedings.

Opposite parties 1 to 3 are directed to comply with directions within 45 days from the date of receipt of a copy of this order failing which  the complainant is at liberty to recover the amount covered by Ext.A2 receipt along with interest @ 12 % p.a. from the date of order till realization from the opposite parties No.1 to 3 jointly and severally and from their assets.

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  June 2022.        

STANLY HAROLD:Sd/-

S.SANDHYA RANI:Sd/-

Forwarded/by Order

                                                                                       Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

   Ext.A1                        : The photocopy of the advertisement publication by the opposite party 

  Ext.A2                         : The original of Fixed deposit receipt No.LLP No.AAK-0603-

                                      0002922 with A/c no.1029991800957/12 dated 14.09.2018

                                      for an amount of Rs.1,00,000/-.

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil