IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the    30^th  Day of  June   2022

  Present: -  Smt.S.Sandhya Rani, Bsc, L.L.B(President I/C)

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

                                                    CC.303/2020

Thomas Panicker.G                                               :         Complainant

Mechirayil Blossom

Kundara East

Kundara P.O, Kollam-691501.

[By Adv.P.Sajeev Babu]

V/s

1. My Popular Marine Products LLP      :         Opposite parties

           Regd.Office 13/575

          Popular Tower

          Vakayar

        Konni, Pathanamthitta-689698

         Represented by its Designated Partner

         Thomas Daniel.

2. Y.Mathew Panicker

          Former Branch Manager of

         My Popular Marine Products LLP

         Kundara

       Maliyekkal Mathew Bhavan,

        Punnamukku, Perumpuzha P.O-691504.

3. 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  1^st opposite party is a Limited liability Partnership Firm namely My Popular Marine Products LLP registered under the Partnership Act and 2^nd and 3^rd opposite parties are the former and present Managers respectively of the Kundara Branch of 1^st opposite party company.  Attracted by the advertisements made by the 1^st opposite party in newspapers and other publications and also by believing the words of 2^nd and 3^rd opposite parties, the complainant deposited Rs.2,00,000/- before the 1^st opposite party as fixed deposit for a period of 1 year at the rate of 12% per annum and in turn the 1^st opposite party issued a certificate with Receipt No.0006783(A/c No.1029991903154) dated 10.10.2019 in the name of the complainant.  Moreover the  opposite parties have allowed the complainant to withdraw the accrued interest on each and every quarter year.  Thus the opposite parties have paid monthly interest to the complainant upto April and thereafter they have failed to pay the same.

          Thereafter on 10.08.2020 the complainant demanded the fixed deposit amount along with arrears of interest from 10.05.2020  but opposite parties have not paid the same.  But on 21.08.2020 the 3^rd opposite party get back the original payment receipt of the deposit amount Rs.2,00,000/- from the complainant  on the agreement that he would return the deposit amount along with interest within a period of one week, but he didn’t received the same till date.  But for the due acknowledgment of the receipt of the original fixed deposit certificate, the office staff of  the 3^rd opposite party had endorsed and put their signature on the duplicate copy(produced here as Ext.P2).  Thereafter the complainant could realize that the opposite parties had closed their offices. Here the opposite parties illegally withholding the deposit amount of the complainant for their illegal enrichment.  Thus the complainant has caused much mental agony and lot of inconvenience. According to the complainant the above mentioned acts from the part of opposite parties amounts to contractual violation, deficiency in service and also unfair trade practice.  In the circumstances the opposite parties No.1 to3 are directed till the date of payment to the complainant (a) to pay Rs.2,00,000/- along with interest @ 12% per annum from 10.05.2020 (b) to pay Rs.25,000/- to the complainant towards compensation for mental agony, discomfort and inconvenience caused to the complainant.(c) to pay Rs.10,000/- to the complainant towards the costs of the proceedings.  Hence the complaint.

          Though notice issued from DCDRC, Kollam was received by the opposite parties No.1 to3, 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 photocopy of certificate of contribution to LLP dated 10.10.2019 issued by My Popular Marine Products LLP in favour of Thomas Panicker.G would indicate that on 10.10.2019 the complainant has deposited a sum of Rs.2,00,000/- as contribution towards his share of partnership in the LLP.

          The unchallenged averments coupled with Ext.A1 and A2 documents would establish prima facie that the complainant has deposited Rs.2,00,000/- with opposite parties.

          The complainant sworn in the complaint as well as in the chief affidavit produced that he had not drawn interest since May 2020.  Though the complainant had approached the opposite parties several times to get back the fixed deposit amount along with interest, he didn’t get the same.  But on 21.08.2020 the 3^rd opposite party received the original receipt of  deposited amount of Rs.2,00,000/- from the complainant by assuring him that the 3^rd opposite party would return the entire amount including interest within a period of one week but that has not been returned to the complainant.  That still the opposite parties are illegally withholding the deposit amount 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 and which resulted in mental agony apart from financial loss to the complainant. 

          In view of the above materials 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 Rs.2,00,000/- along with interest 12%  since May 2020.  Therefore the complainant is entitled to get the deposit amount with interest at the rate of 9% per annum from 10.05.2020 and to get a reasonable compensation of Rs.10,000/- and costs Rs.5,000/- from opposite parties No.1 to 3 jointly and severally and from their assets.

          In the result complaint stands allowed,

1. Directing the opposite parties No.1 to3 to pay Rs.2,00,000/- along with interest @9% per annum from 10.05.2020 till the date of payment to the complainant.
2. Directing the opposite parties No.1 to 3 to pay Rs.10,000/- to the complainant towards compensation.
3. Directing the opposite parties No. 1to 3 to pay Rs.5,000/- 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    30^th  day of  June  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:       Photocopy of certificate of contribution to LLP worth Rs.2,00,000/-receipt No.0006783  of  My Popular Marine Products LLP dated 10.10.2019.

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