Tamil Nadu

North Chennai

CC/55/2019

Mr.K.Selva kumar,s/o.S.Kanakasabai - Complainant(s)

Versus

Kalanjiam Hardwares,Rep by its partner - Opp.Party(s)

M/s.K.Saravanan

14 Oct 2019

ORDER

 

                                                            Complaint presented on:  08.03.2019

                                                               Order pronounced on:  14.10.2019

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

MONDAY  THE 14^th  DAY OF OCTOBER 2019

 

C.C.NO.55/2019

 

Mr.K.Selva Kumar @ K.S.Kumar,

S/o.S.Kanakasabai,

207-B, 7^th Street,

Millennium Town,

Adayalampet,

Maduravoyal,

Chennai – 600 095.                                                                                    

                                                                                            …..Complainant

 ..Vs..

 

1. Kalanjiam Hardware,

Rep by its Partner Mr.Mohsin,

No: 28, Old No;33,

Devaraja Mudali Street,

Parrys, Chennai – 600 001.

 

2.Cata Electrodomesticos India (P) Ltd.,

Rep by its Managing Director,

B-15, Freedom Fighter Enclave,

IGNOU Road,

New Delhi – 110 068.

 

 

.....Opposite Parties

Counsel for Complainant                      : M/s.K.Saravanan, P.Sathish

 

Counsel for 1^st  opposite party                   : Ex – parte (19.07.2019)

 

Counsel for 2^nd  opposite party                   : Ex – parte (03.06.2019)

 

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

            This complaint is filed by the complainant to direct the opposite parties to pay a sum of Rs.20,000/- towards the cost of the in-built Hob Cata-C and also a sum of Rs.10,00,000/- towards compensation for mental agony with cost of complaint  u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant purchased a “Cata-C” inbuilt hob from M/s.Kalanjiam Hardwares. The installation of the hob was done by the authorized technician of the opposite parties at the complainant’s newly built house. The complainant’s house has been so designed that there is a kitchen in the work area with an ordinary gas stove being used for all time cooking. The complainant on January 28^th performed pooja on the previous evening i.e. on 27^th January 2018, when the cooking for lunch was under progress in both the kitchens. There was a sudden blast (no fire) and the entire glass top got smashed with the glass strewn all around. Immediately the complainant took photographs of the blasted glass top and the glass strewn all around the place and they were posted by email to the 2^nd opposite party by the complainant’s son Mr.S.V.Shiva Sankar from his mail id. But there was no response. Complainant’s son sent an email again and contacted the 2^nd opposite party’s office when one Mr.Vishal Sharma, calling himself to be service head of the company responded very politely and assured to look in to the matter and do the needful. After repeated calls and emails on 02.02.2018 at about 8.50 am one Mr.David called the complainant informing that he was calling from Coimbatore, recently been appointed as an ‘agent’ for the company ‘Cata’ and enquired as to what had happened. The complainant narrated the whole story to him and he said that one local technician at Chennai would visit the complainants house. Therefore the complainant got a call from one Mr.Dayalan from his mobile  asking for the house address. After he visited the complainant’s house, the entire story was narrated to him. He cleaned up the whole glass top removed the entire top and was shocked to find that the cook top (hob) was brand new in look. An email was received by the complainant’s son, stating that there could have been a leakage of gas. The complainant states that if the probability of gas leakage is true, there would have been a severe fire accident and the flames would have gone up, resulting in a fire accident and covering the entire place with smoke. There was no such fire or smoke. Two ladies who were standing in the kitchen sustained injuries due to the glass pieces which flew from the hob. No fire injuries have occurred due to the incident. After discussions with the DGM of cata products it came to light that the retailer M/s.Kalanjiam Hardwares had been selling a defective product despite the fact that the company had discontinued the said model. Hence both the opposite parties have been adopting a recalcitrant and lethargic attitude towards the grievance of the complainant. Hence the complaint is filed.            

2. The complainant had come forward with his respective proof affidavit and documents. Ex.A1 to Ex.A19 were marked on the side of the complainant

3. The  opposite parties were called absent and set ex-parte.

          4. The written arguments of the complainant is filed and the oral argument was heard.         

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

 The complainant purchased a “Cata-C” inbuilt hob  from 1^st opposite party  and was fixed at the residence of the complainant  by the Authorized  Technician  of opposite parties . On 28^th January when the cooking was in progress a sudden blast occurred and the entire glass top got smashed with the glass strewn all around. At the time there seems to be cooker on the biggest burner and the steel pot was on the medium burner and the other two burners were empty. Immediately the complainant took photographs of the blasted glass top with the glass strewn all around. Voucher for hob marking, fixing and life time warranty card, user manual card are marked as Ex.A1 to Ex.A4.

       07. The photographs taken were posted through e-mail to 2^nd opposite party  in Ex.A5 and from the reply through  mail under  Ex.A6 dated 30.1.18 from Cata service  infers that  they will resolve the issue and also the model was discontinued four years back. Further correspondence through mail is exhibited as Ex.A7 to Ex.A16. According to the complainant  since there was no fruitful reply at the end  he had decided to give notice through his lawyer  and the notice  was issued to both the opposite parties dated 08.02.2018 and 18.02.2019 with acknowledgement due are Ex.A17 and Ex.A18 and there was no reply from both of them. Ex.A19 is the photographs showing the hob and its defects.

            08.  The 1^st opposite party had appeared through their advocate and not filed written version. He was set ex-parte. At the very beginning itself 2^nd opposite party was set ex-parte. Admitting to rectify the matter through the first e-mail reply by 2^nd opposite party itself proves that it is their product which was purchased by the complainant and under Ex.A3 it holds life time warranty. Even though the complainant lost their purchase invoice and confirms through his  affidavit of his purchase from 1^st opposite party,  both the opposite parties have not  come forward  either to reply for the notices issued by the complainant even after its receipt or to defend the complaint. Hence it is presumed that complaint is deemed to have  been accepted by the opposite parties and therefore the complainant’s complaint has to be accepted  as true by this forum as he had proved his case through the documents filed by him. It is to be admitted that opposite parties have sold the defective and unsafe product to the complainant  and also held liable for their deficiency in service and the complaint deserves to be allowed and point No.1 is answered accordingly.

09. POINT NO:2

In view of the answer in point No.1 in favour of the complainant,  complainant’s sufferings and mental agony are accepted as defined in the complaint by the complainant and both the opposite parties  are liable to compensate the complainant.  Therefore opposite parties  are directed to pay Rs.20,000/- towards the cost of the in-built Hob Cata-C and also to pay Rs.1,00,000/- as compensation  for  mental agony and deficiency in service besides a sum of  Rs.5,000/- for costs.                        

In the result, the complaint is partly allowed. The opposite parties jointly or severally are directed to pay a sum of Rs.20,000/-(Rupees twenty  thousand only) towards the cost of the  built Hob Cata-C to the complainant  and also to pay a sum of Rs.1,00,000/- (Rupees one lakh only) towards  compensation for mental agony and deficiency in service besides a sum of Rs.5,000/- (Rupees five thousand only) for costs.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of the payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 14^th  day of October 2019.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 20.01.2014                   Voucher for chimney fixing and Hob marking

Ex.A2 dated 30.01.2014                   Voucher issued by the opposite parties for Hob              

                                                    fixing

 

Ex.A3 dated NIL                     Lifetime Warranty Card for Cata – C

 

Ex.A4 dated NIL                     Users Manual for Cata –C

 

Ex.A5 dated         28.01.2018           Mail to Customer Care-Cata @12.51 pm

 

Ex.A6 dated         30.01.2018           Mail from cata service Team @ 3 pm

 

Ex.A7 dated 31.01.2018                   Mail to Customer Care – Cata @ 2.06 pm

 

Ex.A8 dated 01.02.2018                   Mail to Customer Care – Cata @ 11.22 pm

 

Ex.A9 dated 01.02.2018                   Mail to Customer Care – Cata @ 12.32 pm

Ex.A10 dated 01.02.2018                 Mail to Customer Care – Cata @ 1.45 pm

 

Ex.A11 dated 01.02.2018                 Mail to Vishal Sharma – Service Head @ 8.16 pm

 

Ex.A12 dated 01.02.2018                 Mail to Customer Care – Cata @ 10.26  pm

 

Ex.A13 dated 02.02.2018                 Mail to Customer Care – Cata @ 12.25 pm

 

Ex.A14 dated 03.02.2018                 Mail to Customer Care – Cata @ 10.03 pm

 

Ex.A15 dated 03.02.2018                 Mail to Customer Care – Cata @ 3.52 pm

 

Ex.A16 dated 07.02.2018                 Mail to Customer Care – Cata @ 13.45 pm

 

Ex.A17 dated 08.02.2018                 Lawyer’s Notice with acknowledgement Card

 

Ex.A18 dated 18.02.2019                 Lawyer’s Notice with acknowledgement Card

 

Ex.A19 dated NIL                             Photos of Defective Product – 10 nos

 

 

 

MEMBER – I                                                               PRESIDENT