The complainant deposited an amount of Rs.50,000/- by way of deposit receipt No.176 with the respondent firm. As per the receipt the complainant is entitled for interest at the rate of 12% per annum.   She has received Rs.25,000/-on 26.8.2003 and Rs.20,000/- on 1.10.2003. Thereafter respondents failed to pay the balance amount of Rs.5000/- with interest.   Hence this complaint. 

 

            2. The averments in the counter of 6th respondent are that it is true that this respondent was a partner of the first respondent firm during its beginning. But he ceased to be a partner since 18.12.98 on which date the 2^nd respondent retired from the partnership firm by issuing a notice. As per the notice issued by this respondent the other partners allowed him to retire from the firm by settling all his accounts and continued the partnership firm with the remaining partners. After the above date this respondent never participated in any of the activities of the firm. So he is not at all liable for any claim of the complainant. This respondent is not aware whether the complainant had deposited any amount. No cause of action is made out against this respondent, as the complainant very well knew that this respondent was no longer a partner.   The complainant is not entitled for any amount from this respondent as he was not a partner of the firm. Hence dismiss the complaint.

 

            3. The 4^th and 5^th respondents filed separate counter by denying in total the averments in the complaint.

 

            4. The other respondents remained absent and set exparte.

 

            5. The points for consideration are:

 

(1)   Is there any deficiency in service on the part of respondents?

(2)   If so reliefs and costs.

 

            6. The evidence consists of Exts. P1 and P2 on the part of complainant and Exts. R1 to R3 on the part of 6th respondent. No oral evidence or other documentary evidence adduced by both.

 

            7. Points-1 & 2: The complaint is filed for realization of fixed deposit amount which was deposited with the respondent firm by way of fixed deposit. As per Ext. P1 on 13.6.02 the complainant deposited Rs.50,000/- with the respondent firm. According to the complainant, she has received Rs.25,000/- on 26.8.03 and Rs.20,000/- on 1.10.03. So in this complaint she seeks the balance amount with interest after that period. In Ext. P1 there is no rate of interest mentioned. But at the same time there is no denial on the part of respondents with regard to the rate of interest claimed by the complainant. Since there is no mention of rate of interest, she is not entitled for exorbitant interest.

 

            8. In the counter the 6th respondent contended that at the relevant period of transaction he was not a partner. He stated that since 18.12.1998 the 2^nd respondent retired from the partnership by issuing a notice. He produced Exts. R1 to R3 to substantiate his contention. Ext. R2 is the copy of request made by 6^th respondent to the managing partner of respondent firm. Ext. R3 is the copy of a letter issued to the managing partner of the firm by the 6^th respondent in which it is stated that he may be permitted to retire from the partnership. These letters are not sufficient to show that he was retired from partnership firm since 18.12.1998. What is the procedure adopted by the firm by accepting the letter of 6th respondent is not proved by 6^th respondent. There is not at all any evidence to show that he was retired from the partnership firm on 18.12.98. Exts. R2 and R3 are only requests. So these documents cannot be taken as retirement letters.

 

            9. The 4^th and 5^th respondents filed separate counter by totally denying the averments in the complaint. No specific case is put forward by them. The 5^th respondent filed an affidavit stating that she is not liable to answer the claim of complainant. All the respondents who are parties in the complaint are partners as per Ext. P2. There is nothing brought by the respondents to defeat the case of complainant. So the complaint is liable to be allowed.

 

            10. In the result, the complaint is allowed and all the respondents are directed to return Rs.5000/- (Rupees five thousand only) with interest at the rate of 12% per annum from 13.6.02 till realization with costs Rs.1000/- (Rupees one thousand only) to the complainant within one month.