Tamil Nadu

North Chennai

146/2014

C.V.Mohana Rangan, - Complainant(s)

Versus

Mr.M.Natarajan,Owner of N.S.Aluminium Designers, - Opp.Party(s)

Party in person

25 Nov 2016

ORDER

                                                             Complaint presented on:  10.07.2014

                                                                Order pronounced on:  25.11.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY  THE 25^th  DAY OF NOVEMBER  2016

 

C.C.NO.146/2014

 

 

C.V.Mohanarangan,

5/147, 5^th Street, 5^th Block,

Kannadasan Nagar,

Chennai – 600 118.

                                                                                        ..... Complainant

 

..Vs..

 

Mr.M.Natarajan, Owner of,

N.S.Aluminium Designers,

20, M.H.Road, Sembium North,

Chennai – 600 011.

	...Opposite Party

Date of complaint                                  : 24.07.2014

Counsel for Complainant                      : Party in Person

Counsel for  Opposite party                     :M/s.A.D.Janarthanan,

                                                                   R.Srinarasimman

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Opposite Party doing Aluminum and allied business.  On 26.11.2013 the Complainant ordered for 4 feet x 4 feet size aluminum  colour coated sliding windows 13  nos  at a cost of Rs.180/- per sq ft amounting to Rs.37,440/-. On the next day the Opposite Party worker went to the Complainant house and measured   the size of the window and at that time, the Complainant paid a sum of Rs.10,000/- towards advance. On 29.11.2013 the Opposite Party workers supplied the Aluminum   windows and on their inspection they found damages and scratches in the aluminum windows. Hence the Complainant refused to accept the windows and returned the materials in the same vehicle to the Opposite Party. The Complainant also spoke to the Opposite Party Mr.Natarajan requesting him to supply new materials without scratches and damages. Mr.Natarajan said the scratches will certainly occur while doing the work. The Complainant demanded to return the advance amount, if the Opposite Party will not supply new materials without scratches. The Complainant spoke with the Opposite Party on several days and also written letters, the Opposite Party had not supplied new windows. Hence the Complainant filed this Complaint to refund the advance amount, rental loss interest loss compensation for mental agony with cost of the Complaint.

 

 

2. WRITTERN VERSION OF THE OPPOSITE PARTY  IN BRIEF:

          The Opposite Party admits that the Complainant had placed an order for aluminum colour coated sliding windows for a total cost of Rs.37,440/- and the Complainant also  paid a sum of Rs.10,000/- towards advance. The Opposite Party delivered the materials on 29.11.2013 to fix the windows, the Complainant returned alleging that scratches and damages are found in the materials. Actually, there are no scratches or defect in the materials supplied by the Opposite Party and hence the Opposite Party advised the Complainant to accept the materials as such. However the Complainant refused to accept the same materials and insisted to supply new materials. Due to the attitude of the Complainant, the Opposite Party   suffered a loss of Rs.40,000/- for manufacturing the windows which  could be fixed only in the Complainant house and not in any other house and therefore  this Opposite Party has not committed any Deficiency in Service and prays to dismiss the Complaint.

3.POINTS FOR CONSIDERATION:

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

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

4.POINT : 1

          It is an admitted fact that the Complainant placed an order for the purchase of 4 feet x 4 feet size aluminum colour coated sliding windows of 13 nos at a cost of Rs.180/- per sq ft amounting to Rs.37,440/- for fixing in the new house of the Complainant. On 26.11.2013 and on the next day the Opposite Party worker Mr.Prakash measured the windows size at the Complainant house and at that time the Complainant also   paid a sum of Rs.10,000/- under Ex.A1 towards advance amount and after manufacturing the materials, the Opposite Party sent  Aluminum Window Materials through his workers to the Complainant on 29.11.2013 and however the Complainant refused to accept the materials by saying that there are scratches and damages in the materials and therefore  returned the materials in the same vehicle to the Opposite Party.

          5. The Complainant contended that as there is scratches and damages found in the materials supplied by the Opposite Party, he had not accepted the same and returned the materials and however he demanded the Opposite Party to supply fresh materials without scratches and damages and inspite of that he had written several letters to the Opposite Party and therefore the Opposite Party committed Deficiency in Service in sending defective materials to him.

          6. The Opposite Party would contend that there is no scratches in the materials supplied to the Complainant and the Complainant also not proved the scratches and damages are found in the materials before this Forum and  having the Complainant not accepted the materials the Opposite Party sustained loss of Rs.40,000/- and the Complainant  with ulterior motive returned the  materials to him and therefore this Opposite Party has not committed any Deficiency in Service.

          7. The Complainant returned the materials that scratches and damages are found in the materials.  The Opposite Party also admits that the materials returned to him on the day itself when he supplied to the Complainant. The Opposite Party contends that the Complainant had not proved the defects in the materials supplied by him. Having the custody of the materials with the Opposite Party he could have very well  produced the same before this Forum, at the time of arguments so as to enable this Forum to ascertain actually there is defect in the materials or not as alleged by the Complainant.  When the Opposite Party was having the custody of the defective materials with him, he cannot contend that the Complainant has not proved the defects in the materials. Therefore failure to produce the materials before this Forum on his own to ascertain the defects in the materials,  we hold that  the materials manufactured by the Opposite Party and supplied to the Complainant is having defects of scratches and damages in the materials and therefore  we further hold that  the  Opposite Party has committed Deficiency in Service.

8. POINT NO :2

          The Complainant repeatedly wrote letters Ex.A2, Ex.A4, Ex.A5, Ex.A7 and Ex.A9 requesting the Opposite Party to supply new window materials to fix at his house and however the Opposite Party had not done the same.  Therefore the Complainant is entitled for refund of the advance amount of Rs.10,000/- paid by him from the Opposite Party. Though the Complainant demanded the Opposite Party by writing several letters, the Opposite Party had not replied even a single letter. Therefore the Complainant suffered with mental agony is accepted and for the same it would be appropriated to order a sum of Rs.2,000/- towards compensation, besides a sum of Rs.5,000/- towards litigation expenses. The other claims made in the Complaint are not substantiated by the Complainant and in respect of other reliefs the Complaint is liable to be dismissed.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.10,000/- (Rupees ten thousand only) towards advance amount  to the Complainant and also to pay a sum of Rs.2,000/- (Rupees two thousand only) towards compensation, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses. The Complaint in respect of other relief is dismissed.

          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 payment.

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 25^th day of November 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 27.11.2013                   Advance amount receipt for Rs.10,000/-

Ex.A2 dated 15.01.2014                   My first letter    (Received)

Ex.A3 dated 17.01.2014                   My first letter RPAD. Vyasarpadi Acknowledged

Ex.A4 dated 27.02.2014                   My second letter

                    27.02.2014                   My second letter RPAD Cover (Returned)

 

Ex.A5 dated 09.04.2014                   My third letter in the name of my wife

 

Ex.A6 dated 09.04.2014                   Professional Courier Receipt & Proof of Delivery

                                                (Received)

 

Ex.A7 dated 15.04.2014                   My fourth letter

 

Ex.A8 dated 15.04.2014                   My fourth letter(Xerox of letter cover)

                                                Dt.15.04.2014       (Returned)

 

Ex.A9 dated 15.05.2014                   My fifth letter (Xerox of letter Dt.15.04.2014)

 

Ex.A9 dated 01.06.2014                   My sixth Letter Xerox of letter Dt.15.04.2014

 

Ex.A9 dated 01.07.2014                   My Seventh Letter Xerox of letter Dt.15.04.2014

 

Ex.A10 dated 03.06.2014                 Proof of letter from REPCO & SBI 

 

Ex.A11 dated 23.06.2014                 Pre EMI Interest amount Rs.11,200

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

                                      ….. NIL …..

 

 

MEMBER – II                                                               PRESIDENT