IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   20^th DAY OF AUGUST 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.339/2020

1. Susamma M.K.,

         Punnavila Vikas Bhavan,

        Kundara, Kollam 691501.

2.          P.C. Philip,

Punnavila Vikas Bhavan,

Kundara, Kollam 691501.

3.  Sumesh C.Philip

Punnavila Vikas Bhavan,

Kundara, Kollam 691501.                                                :         Complainants

Hospital Junction,Kundara 691501.

(By Adv. P.Sajeev Babu)

V/s

1. Popular Dealers&My Popular Marine Products LLP

            Regd.Office: 10/1, 13/575, 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 Popular dealers&

            My Popular Marine Products LLP

           Kundara, Residing at Maliyekkal Mathew Bhavan,

            Punnamukku, Perumpuzha P.O., 691504

3. T.Mathunni Panicker,

       Branch Manager,

          Popular dealers & My Popular Marine Products LLP

          Kundara residing at Plavila Thekkathil

          Raju Nivas Ambipoika 691501.

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.

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

          The  1^st and 2^nd complainants are wife and husband respectively and 3^rd complainant is their son.  1^st opposite party is the Managing Partner of  two sister concerns namely Popular dealers and My Popular Marine Products LLP, registered under the Indian Companies Act, 2013.  The 2^nd and 3^rd opposite parties are the former and present managers respectively of the Kundara Branch office of 1^st opposite party.  As attracted by the advertisements made by the 1^st opposite party in the Newspaper Dailies and other publications and also by believing the words of opposite parties 2 and 3 the 1^st and 2^nd complainants together have deposited a sum of Rs.3,50,000/- in favour of Popular dealers on 25.04.2016 for a period of 66 months at the rate of 18.18% interest per annum and in turn the 1^st and 2^nd opposite parties have issued a Fixed Deposit receipt No.0099841 with A/c No.3273 on the assurance that it will due on 22.10.2021.  Again on 02.12.2019 the 3^rd complainant alone has deposited another Rs.3,00,000/- in favour of My Popular Marine Products LLP for a period of 36 months and in turn the 1^st opposite party issued Fixed deposit Receipt LLP No.AAJ-1621-0007666 with A/c No.1029991903971  by allowing the 3^rd 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 certificate.  But on 07.08.2020 the complainants came to know that the opposite parties are not returning the fixed deposit amount and also not paying regular monthly interest to the subscribers promptly as done in the previous years.  Therefore the complainant have approached the opposite parties 1 to 3 to release the amount due to them along with interest prior to the maturity dates shown in the fixed deposit certificates and they have agreed to settle the fixed deposit amount Rs.3,50,000/- belongs to the complainants 1 & 2 with an amount of Rs.6,00,000/- including interest for the last 4 years since its date of deposit on or before 20.09.2020 and also agreed to repay

the fixed deposit amount Rs.3,00,000/- belongs to 3^rd complainant on 01.10.2020.  But the opposite parties have failed to pay the agreed amounts in the stipulated period.  Thereafter the complainants could realize that the opposite parties have closed their offices.  According to the complainants, they have availed the services of the opposite parties for consideration but the opposite parties have wilfully, illegally and arbitrarily failed to provide service to the complainants as they have agreed at the time of depositing the amounts.  That the opposite parties are illegally  withholding the money of the complainants for their illegal enrichment which caused much mental agony apart from much inconveniences to the complainants.  The above acts of the opposite parties amounts to deficiency in service and unfair trade practice.  Hence the complainants 1^st and 2^nd are entitled to get Rs.6,00,000/- along with interest @ 12% per annum from 20.09.2020 and the 3^rd complainant is entitled to get Rs.3,00,000/- along with interest @ 12% per annum from 02.07.2020 till the date of payment along with compensation for mental agony and costs of the proceedings.   Hence the complaint.

Though notice issued from CDRC, Kollam was received by opposite parties 1 to 3,  they have not appeared before the commission hence opposite parties 1 to 3 set exparte.  1^st Complainant filed chief affidavit for and on behalf of other two complainants and got marked Exts.A1 and A2 series 2 (in numbers) documents and heard the counsel for the complainants.  Ext.A1 advertisement notice issued by San Popular Finance and Ext.A2 series 2 are two original fixed deposit receipts would indicate that the complainants have deposited amounts in different dates as stated in the complaint. 

The unchallenged averments in the affidavit coupled with Exts.A1 and A2 series Ext.A2(a) and Ext.A2 (b) documents would establish prima facie that the complainants 1 and 2 together have deposited Rs.3,50,000/- on 25.04.2016 @ 18.18% interest per annum (Ext.A2(a) and the 3^rd complainant alone has deposited Rs.3,00,000/- on 02.12.2019 @ 12% interest per annum [Ext.A2 (b)] with the opposite parties.

The complainants have stated in the complaint and sworn in the chief affidavit that the opposite parties have not paid the agreed rate of interest on the fixed deposit amounts since its date of deposits.   The materials available on record would indicate that though the complainants had approached the opposite parties several times to get back the fixed deposit amount along with arrears of interest the opposite parties have failed to pay the same and subsequently the complainants could realize that the opposite parties have closed their offices with intent to defeat the depositors.  Hence it is clear that the opposite parties are illegally withholding the money of the complainants for their illegal enrichment. Refraining from discharging their contractual obligations the opposite parties have committed deficiency in service and unfair trade practice and the same has caused much mental agony apart from financial loss to the complainants as alleged.

In the circumstances the complainants are entitled to get back the amount deposited as per Ext.A2 series receipts with agreed share of profit/interest from the respective dates and to get a reasonable compensation of Rs.10,000/- and costs Rs.5,000/- from opposite parties 1 to 3 jointly and severally and from their assets.

          In the result complaint stands allowed in the following terms:-

1. The opposite parties 1 to 3 are directed to pay Rs.6,00,000/- to the complainants 1 and 2 along with agreed share of profit/interest @ 12 % per annum from 20.09.2020 till the date of order and thereafter interest @  9% per annum till realization.
2. The opposite parties 1 to 3 are directed to pay Rs.3,00,000/- to the 3^rd complainant along with agreed share of profit/interest  12% per annum from 02.07.2020 till the date of order and thereafter interest @ 9 % per annum till realization.
3. The opposite parties 1 to 3 are directed to pay Rs.10,000/- as compensation and Rs.5,000/- as costs to the complainants.
4. Opposite parties 1 to 3 are directed to comply the above directions within 45 days from today failing which the complainants are at liberty to recover the amount covered by relief No.(a) to (c) with interest at the rate of 9% per annum except for costs from opposite parties 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                    20^th  day of  August 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            : Advertisement notice issued by San Popular Finance

Ext.A2 series

A2(a)               : Original fixed deposit receipt

A2(b)               : Original fixed deposit receipt

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil