IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 28th day of September, 2017.
Filed on 08/04/2016
Present
- Smt. Elizabeth George, President
- Sri. Antony Xavier (Member)
3. Smt. Jasmine.D. (Member) in
C.C.No.127/2016
between
Complainant:- Opposite Parties:-
Smt. Hema A 1 M/s.Vidoba Bankers,
D/o Achuthapai K.P.V/72, Thanky
Valiyaveetil Kadakkarappally PO
Thirumalabhagom PO, Cherthala Rept.by Managing
Thuravoor, Cherthala 688540 Partner, Narasimha Pai
S/o Babula Pai,
Vayalapuram Veedu
Thirumalabhagom PO,
Thuravoor,Cherthala 688540
2 Sandhya
W/o Dileepkumar, Vidoba
Mandir, Thirumalabhagom PO.
Thuravoor, Cherthala 688540
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant is a depositor with the first opposite party firm. The deceased Dileepkumar was the Managing Partner of the firm. The Managing Partner deceased Dileepkumar approached the complainant and requested to deposit amount with them and he offered attractive rate of interest to the complainant and thereby induced the complainant to deposit Rs. 50,000/- for the period of one year at the rate of 18% interest per annum. There after complainant deposited 7,100/- in the savings account. Complainant has to get Rs.18,000/- as per her saving account No. 260. The said Dileepkumar was died on 31/1/2014. There after the complainant had on several occasions approached the opposite parties to return the amount covered under aforesaid fixed receipts together with agreed rate of interest however, they denied the assured service on the part of the opposite parties, and they are liable to compensate the same also. Alleging deficiency in service on the part of the opposite parties the complaint is filed.
2. The version of the 1st opposite party is as follows:-
There is no consumer and service rendering party relationship between the opposite parties. There is no legal sustainability of the complaint. On the death of one of the partner the firm is dissolved if so facto and there is no firm existing as alleged by the complainant
3. Version of the 2nd opposite party is as follows
The allegations that the deceased Dileepkumar approached the complainant etc. are put to strict proof. The complaint is unsustainable as per the provisions of law. There is no consumers and service vendor ship party relationship between the parties.
4. The complainant filed proof affidavit along with documents. The document produced was marked as Ext. A1. No oral or documentary evidence adduced from the part of the opposite parties.
5. The points for consideration are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- If so the reliefs and costs?
6. According to the complainant, he deposited with the firm an amount of Rs.50,000/- on 10/09/2012. In order to prove that he has produced fixed deposit receipt bearing No.86, dated 10/09/2012 which marked as Ext.A1. Ext.A2 shows that the complainant deposited Rs. 7100/- in the chitty conducted by the 1st opposite party and Ext.A2 shows she deposited Rs. 18,000/- in savings account No.260 of 1st opposite party bank. The further allegation of the complainant is that the opposite parties failed to return the said amounts to the complainant after the maturity date. It has not been denied by the opposite parties that the amounts in question were not deposited by the complainant with the firm of which the first opposite party and the deceased Dileepkumar were the partners. The contention taken by the 2nd opposite party is that she is the legal heirs of deceased Dileepkumar and she never be held to be liable for deficiency of service, since there is no consumer/vendor relationship with the legal heirs of the deceased partner. In this case complainant has made deposit with a firm expecting financial returns on the same and hence he is entitled to get the amount from the opposite parties. As per section 35 of the Indian Partnership Act, 1932. “Where under a contract between the partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the firm done after his death.” In the instant case, the claim of the complainant is that the deceased Dileepkumar and first opposite party was the partners, of the and the complainant deposited the amount at the instance , the deceased Dileepkumar. As per section 35 of the Indian Partnership Act the asset of a deceased partner is not liable for act of the firm done after his death only. Hence opposite parties are directed to return amount deposited by the complainant with 9% interest from 10/09/2012 till realization. We further clarify that the liability of the 2nd opposite party is limited only to the extent of value of the properties inherited by her from deceased partner named Dileepkumar. The complainant is at liberty to proceed against such properties of the opposite parties for realization of the amount subject to the above limitation.
In the result, the complaint is allowed. The opposite parties are directed to return the amount of Rs.50,000/- (Rupees Fifty thousand only) with 9% interest form 10/09/2012 till realization. Opposite parties are further directed to Rs.7,100/- (Rupees Seven thousand One hundred only) with 9 % interest from 8/2/14 till realization and Rs. 18000/-(Eighteen thousand only) with 9% interest from 8/7/2010 till realization. The order shall be complied within one month from the date of receipt of this order. In default complainant is allowed to realize above mentioned amount charge over the properties of the opposite parties. Since the primary relief is allowed no order as to cost and compensation. The order shall be complied within one month from the date of receipt of this order.
Pronounced in open Forum on this the 28th day of September, 2017.
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member) Sd/- Smt. Jasmine. D. (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Fixed deposit receipt bearing No.86 dtd.10/09/2012 for Rs.
50,000/-.
Ext.A2 - Chitty Pass book No.60
Ext.A3 - Pass book No. 260.
Evidence of the opposite parties:- Nil
//True copy//
By Order
Senior Superintendent
To
Complainant/Opposite parties/SF
Typed by: Br/-
Comped . by:
