IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   31^st  DAY OF MAY 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.312/2020

Saji Johnson,

Munjanattu Puthen Veedu,

Kattachira, Pallickal P.O.,

Kayamkulam

Alappuzha.                                                                           :         Complainant

(By Adv. P.Sajeev Babu)

V/s

1. My Popular Marine Products LLP,

              Regd.Office 13/575,

        Popular Tower, Vakayar , Konni,

        Pathanamthitta 689698

       Rep.by its Designated Partner: Opposite Parties

       Thomas Daniel.

2. Y.Mathew Panicker,

              Former Branch Manager of My Popular Marine Products LLP

             Kundara, Residing at Maliyekkal Mathew Bhavan,

             Punnamukku, Perumpuzha P.O.,

3. T.Mathunni Panicker,

         Branch Manager,

        My Popular Marine Products 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.

1. The averments in the complaint in short are as follows:-

          The  1^st opposite party is a limited liability partnership 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 advertisement made by 1^st opposite party in newspapers and other publications and also by believing the words of 2^nd opposite party the complainant deposited Rs.5,00,000/- before 1^st opposite party as fixed deposit for a period of 3 years as Receipt No.0002386 issued on 11.07.2018 and deposited Rs.10,00,000/- before the 1^st oppose party as fixed deposit for a period of 3 years and in turn the 1^st opposite party issued a certificate with Receipt no.0002480 dated 13.08.2018 and deposited another Rs.10,00,000/- before the 1^st opposite party as fixed deposit for the same period of 3 years and in turn the 1^st opposite party issued a certificate with Receipt No.0005458 dated 26.07.2019.  In the said three fixed deposit certificates the 1^st opposite party agreed to pay interest @ 12% per annum allowing the complainant to withdraw the accrued interest in each and every month. As per the terms and conditions agreed by opposite parties they have paid monthly interest to the complainant upto March 2020 and thereafter they have failed to pay the same.  Thereupon the complainant made several demands to opposite parties to pay the arrears of interest along with fixed deposit amount but the opposite parties have failed to do so and now it is seen that the opposite parties closed their offices.  This is a case in which the complainant availed the service of

the opposite parties for consideration but opposite parties wilfully illegally and arbitrarily failed to provide the service to the complainant as they agreed.  The opposite parties are illegally withholding the money of the complainant for their illegal enrichment and which caused much mental agony and lot of inconveniences. The above act of the opposite parties amounts to deficiency in service and unfair trade practice.   In the circumstances the opposite parties are directed a) to pay Rs.25,00,000/-along with interest @ 12% per annum from 26.03.2020 till the date of payment to the complainant b) to pay Rs.2,00,000/- to the complainant towards the compensation for mental agony, discomfort and inconveniences caused to complainant. c) to pay Rs.50,000/- to the complainant towards the cost of this proceedings. 

2.       In response to the notice issued opposite parties 2^nd and 3^rd entered appearance, they have not filed any version and remained exparte.  Notice issued to the 1^st opposite party through Superintendent, District Jail, Kakkanad was served but he has chosen not to appear and contest the case.  Hence 1^st opposite party was also set exparte   Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Ext.A1 and A2 series documents. Heard the counsel for the complainant. 

3.       Ext.A1 is photocopy of a  notice issued by Popular Finance indicating that Popular Finance in offering 12% interest for fixed deposits.  Ext.A2 series are 3 original certificates of contribution to My Popular Marine Products LLP indicating that the complainant Mrs.Saji Johnson has made 3 contribution towards the said partnership firm.  The first contribution is  Rs.5,00,000/- on 11.07.2018 as per a/c No.1029991800415/12 and the 2^nd one is  Rs.10,00,000/-on 13.08.2018 as per a/c No.1029991800506/12 and the said one is Rs.10,00,000/- on 26.07.2019 as per a/c No.1029991901855/12.

4.       The unchallenged averments in the affidavit coupled with Ext.A1 and A2 series documents would establish prima facie that the complainant has deposited Rs.25,00,000/- with the opposite parties the above partnership firm at Kundara. The complainant has also averred in the complaint as well as in proof affidavit that she had not drawn interest since March 2020.  Though the complainant had approached opposite parties to get back the fixed deposit amount along with arrears of interest  they have not paid.  Later the complainant realized that the opposite parties have closed their business.

5.       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.

6.       In view of the above materials available on records it is clear that there is deficiency in service and unfair trade practice on the part of opposite parties as they have failed to repay the amount of Rs.25,00,000/- deposited along with 12% interest since March 2020.  Therefore the complainant is entitled to get the deposited amount with interest from 26.03.2020 and to get a reasonable compensation of Rs.25,000/- and costs from opposite parties 1 to 3 jointly and severally and from their assets.

7.       In the result complaint stand allowed.

1. Directing the opposite parties 1 to 3 to pay Rs.25,00,000/- along with interest @ 12% per annum from 26.03.2010 till the date of payment to the complaint.
2. Directing the opposite parties to pay Rs.25,000/- to the complainant towards the compensation for mental agony, discomfort and inconveniences caused to the complainant.
3. Directing the opposite parties to pay Rs.5,000/- to the complainant towards the costs of the proceedings.

    Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open            Commission this the 31^st    day of  May 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                        : Photocopy of a  notice issued by Popular Finance                                   

Ext.A2 series           : 3 original certificates of contribution to

                                   My Popular Marine Products LLP

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil