IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE     31^st  DAY OF AUGUST 2022

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

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

    CC.No.375/2020

1. Sushama Solomon,

             Snehalayam, Onamabalam,

       East Kallada P.O., Kollam.

       (By Adv. P.Sajeev Babu)

2.  Sangeetha Solomon,

        Snehalayam, Onamabalam,

        East Kallada P.O., Kollam.                   :           Complainants

        (By Adv. P.Sajeev Babu)

V/s

1. Mary Rani Trading LLP

           Regd.Office: 10/1, Popular Tower,

      Vakayar P.O., Konni,

      Pathanamthitta 689 698

      Rep.by its Designated Partner,                       : Opposite Parties

       Thomas Daniel.

2. Y.Mathew Panicker,

               Former Branch Manager of 

             Mary Rani TradingLLP

            Kundara, Residing at Maliyekkal Mathew Bhavan,

            Punnamukku, Perumpuzha P.O.

3. T.Mathunni Panicker,

        Branch Manager,

            Mary Rani Trading LLP

           Kundara residing at Plavila Thekkathil

       Raju Nivas Ambipoika

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 a Limited liability partnership and having various branches and one among them at Kundara, Kollam.  The 2^nd opposite party is the

former Manager and 3^rd opposite party is the present Manager. The 2^nd complainant is the mother of the 1^st complainant. The 1^st opposite party advertised in newspaper that they offered interest @ 12% per annum on fixed deposits.  The 2^nd and 3^rd opposite parties approached the complainants and made the same offer and assured that the complainants can withdraw the accrued interest annually.  Attracted by the advertisement and believing the words of the 2^nd and 3^rd opposite parties, the 2^nd complainant deposited Rs.2,00,000/- on 15.10.2018 before the 2^nd opposite party as Fixed Deposit for a period of 36 months and in turn the 1^st opposite party signed and issued a fixed deposit receipt LLP No.  AAK-0603-0003286 with A/c No.1029991801319 dated 15.10.2018.   On the same day 1^st  complainant deposited Rs.1,00,000/- before the 2^nd opposite party as fixed deposit for a period of 3 year and in turn the 1^st opposite party signed and issued a fixed deposit receipt LLP No.AAK-0603-0003286 with A/c No.1029991801319 dated 15.10.2018.  On the same day the 2^nd complainant again deposited Rs.1,00,000/- before the 2^nd opposite party as fixed deposit for a period of 36 months and in turn the 1^st opposite party signed and issued a fixed deposit receipt LLP No.AAK-0603-0003284 with A/c No.1029991801317 dated 15.10.2018.   Thereafter the 1^st complainant again deposited Rs.1,20,000/- on 24.10.2018 before the 2^nd opposite party as fixed deposit for a period of 36 months and in turn the 1^st opposite party signed and issued a fixed deposit receipt LLP No.AAK-0603-0003328 with A/c No.1029991801361 dated 24.10.2018 .  The opposite parties assured that the complainants would get 12% interest per annum which can be withdrawn annually and that the fixed deposits amount will be repaid on maturity.  As the complainant had made fixed deposit before the opposite party the complainant became the consumers of the opposite parties.  The opposite parties paid interest upto October 2019 thereafter, the complainant made several times for arrears of

interest and for return of the amount deposited.  Opposite parties  failed to do so and now their offices are closed.  There is contractual violation on the part of opposite parties which amounts to deficiency in service and unfair trade practice.  The opposite parties are illegally withholding the money of the complainants for their illegal enrichment.  Due to the above act of the opposite parties the complainants suffered much mental agony, discomfort and inconvenience apart from financial loss.  The opposite parties are liable to the compensate the complainants.  Hence the complaint.

Though notice was served to the opposite parties No.1 to 3 they remained absent, hence they were set exparte.  Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Exts.A1 and A2 (a) to (c) series documents.  Ext.A1 is a photocopy of the advertisement notice.  Ext.A2 (a) is the original fixed deposit receipt LLP No. AAK-0603-0003286 with A/c No.1029991801319 dated 15.10.2018 for an amount of Rs,2,00,000/-.  Ext.A2(b) is the original fixed deposit receipt LLP No.AAK-0603-0003284 with A/c No.1029991801317) dated 15.10.2018 dated  15.10.2018 for an amount of Rs.1,00,000/-.  Ext.A2 (c) is the original fixed deposit receipt LLP No. No.AAK-0603-0003328 A/c No.1029991801361) dated 24.10.2018 for an amount of Rs.1,20,000/-. Though the complainant would claim that they have made 4 deposits only 3 original fixed deposit receipts are produced and got marked as Ext.A2 (a) to A2 (c).

The unchallenged averments in the complaint coupled with Ext.A2 series (a) to (c) documents would establish prima facie the complainants No.1 & 2 had deposited Rs.4,20,000/-with the opposite parties partnership firm at Kundara.  Ext.A2 series proves the 3 transaction claimed by the complainants.  But there is no materials before this commission to prove that the 2^nd complainant has made a deposit of the 1,00,000/- on 15.10.2018 as claimed.  The complainants specifically

pleaded that since October 2019 they are not paid the assured interest on the Fixed Deposits.  The deposited amounts were also not returned by the opposite parties.  By receiving fixed deposits after advertising in the newspaper, the opposite parties have failed to provide the offered service to the complainants.  Opposite parties assurance of service is made in writing in the Ext.A2 series fixed deposit receipts.  It is pertinent to note that the failure to pay the assured interest and failure to repay the deposited amount on maturity is nothing but deficiency in service and unfair trade practice.  The averments in the complaint that they had suffered very much mental agony and inconvenience apart from financial loss is believable. The opposite parties are illegally withholding the money of the complainants for their illegal enrichment.  In view of the materials available on record we are of the view that there is deficiency in service and unfair trade practice on the part of the opposite parties as they have failed to repay the amount of Rs.4,20,000/- covered by Ext.A2 series fixed deposit receipts along with 12% share of profit interest .  Therefore the complainants No.1 & 2 are entitled to get the amount covered by the Ext.A2 fixed deposit receipt along with agreed share of profit/interest and reasonable compensation and costs from the opposite parties 1 to 3 are  jointly and severally.

          In the result complaint stands allowed in the following terms.

1. Opposite parties 1 to 3 are directed to pay the principal amount covered by Ext.A2 series (a) to (c) fixed deposit receipts with share of profit/ interest @12% per annum from  November 2019 onwards till realization to the complainant No.1 & 2.
2. Opposite parties are also directed to pay compensation of Rs.10,000/- and costs Rs.5,000/- to the complainant.
3. Opposite parties are directed to comply with above directions within 45 days from today failing which the complainants are at liberty to recover the same from the opposite parties No.1 to 3 jointly and severally and also 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     31^st    day of  August  2022. 

                    STANLY HAROLD:Sd/-

         E.M .MUHAMMED IBRAHIM:Sd/-

Forwarded/by Order

                                                                                                                   Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.A1            : Photocopy of the Advertisement notice

Ext.A2 series

Ext.A2 (a)       : Original fixed deposit receipt dated 15.10.2018 for an amount of Rs.2,00,000/-

Ext.A2 (b)       : Original fixed deposit receipt dated 15.10.2018 for an amount of Rs.1,00,000/-

Ext.A2 (c)       : Original fixed deposit receipt dated 24.10.2018 for an amount of Rs.1,20,000/-

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil