Tamil Nadu

North Chennai

CC/81/2017

R.Lakshmanan - Complainant(s)

Versus

The Manager Puras Aquva products (P) Ltd - Opp.Party(s)

M/s.Sankara Narayana pandian

27 Apr 2018

ORDER

                                                            Complaint presented on:  05.07.2017

                                                                Order pronounced on:  27.04.2018

 

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

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

FRIDAY THE 27^th   DAY OF APRIL 2018

 

C.C.NO.81/2017

 

 

R.Laksmanan,

S/o. Ramaiah Nadar,

No.35,A.P.Road,

2^nd Lane, Choolai,

Chennai – 600 112.

                                                                                    ….. Complainant

 

..Vs..

1. The Manager,

Paras Aquaa Products (P)Ltd.,

25-28/38-43, Vijaya Lakshmi Nagar,

Part-1, 3^rd Street, Alamathi Chennai – 600 052.

 

2.Paras Aquaa Products (P) Ltd.,

Rep.by its Director Parasmal Bhawarlal,

25-28/38-43, Vijaya Lakshmi Nagar,

Part – I, 3^rd Street, Alamathi Chennai – 600 052.

 

3. Paras Aquaa Products (P) Ltd.,

Rep. by its Gunuwanth Kuamr Parasmal,

25-28/38-43, Vijaya Lakshmi Nagar,

Part-1, 3^rd Street, Alamathi Chennai – 600 052.

 

 

 

4.A.Perumalsamy,

Proprietor,

Alagar Arul Water Agency,

Old No.29/1, New No.75, C.Y.S.Road,

Mangalapuram, Perambur,

Chennai – 600 012.

.....Opposite Parties

Date of complaint                                 : 17.07.2017

Counsel for Complainant                      : M/s.S.Sankara Narayana Pandian

Counsel for Opposite Parties                   : Ex - parte (on 17.08.2017)

 

 

O R D E R

 

BY  MEMBER THIRU. M.UYIRROLI KANNAN B.B.A., B.L

This complaint is filed by the complainant to direct the opposite parties to pay a compensation of Rs.1,00,000/- to him u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The opposite parties 1 to 3 are the manufacturer of the ‘Paras Aqua 1^st Water Bottle’. The 4^th opposite party is the dealer of the opposite parties 1 to 3. The 1^st opposite party supplied the water bottles to the 4^th opposite party for sale. The complainant purchased a two litter water bottle for a sum of Rs.30/- on 07.03.2013. The water bottle was manufactured on 05.02.2017. After purchase, the complainant had seen the bottle and found dust materials inside the water bottle which is dangerous and hazardous to the health.

2. The complainant informed the same to the 4^th opposite party and also to the representatives of the complainant. There was no response from them. Hence the complainant issued legal notice on 16.03.2017 to the opposite parties and even after that there was no response from them.  The willful sale of water bottle containing dust and hazardous materials inside the bottle caused mental agony to the complainant. Hence the complainant filed this complainant to direct the opposite parties to pay a compensation of Rs.1,00,000/- to him.

3. The opposite parties 1 to 4 called absent and they were set ex-parte on 17.08.2017.            

4. 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?

5. POINT NO :1 

The opposite parties 1 to 3 are the manufacturer of the ‘Para’s Aqua 1^st Water Bottle’. The 4^th opposite party is the dealer of the opposite parties 1 to 3. The 1^st opposite party supplied the water bottles to the 4^th opposite party for sale. The complainant purchased a two litre water bottle for a sum of Rs.30/- on 07.03.2013 in Ex.A1 bill issued by the 4^th opposite party. The water bottle was manufactured on 05.02.2017. After purchase the complainant had seen the bottle and found dust materials inside the water bottle which is dangerous and hazardous to the health.

6. At the request of the complainant the water bottle was sent for analysis to the King Institute Guindy, Chennai. The food analysis on receipt of the sample bottle analyzed and gave report that “the sample packaging drinking water is unsafe and small brown bit of paper and small white plastic bit found floating in the sample”. There is no contra evidence on behalf of the opposite parties. Hence the complainant proved that the water bottle manufactured by the opposite parties 1 to 3 negligently and sold by the 4th opposite party which contains small brown bit of paper and small white plastic bit found is unsafe water to drink and therefore the opposite parties 1 to 4 have committed deficiency in service.

07. POINT NO:2

          The opposite parties manufactured and sold unsafe water to drink is an unfair trade practice and therefore the complainant suffered with mental agony is accepted and for the same the opposite parties 1 to 4 can be directed to pay a sum of Rs.5,000/- towards compensation for the same. No litigation expenses claimed in the complaint.

          In the result the Complaint is partly allowed. The Opposite Parties 1 to 4 jointly or severally are ordered to pay a sum of Rs.5,000/- (Rupees five  thousand  only) towards compensation for mental agony, No litigation expenses claimed in the complaint.

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  compensation 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 27^th day of April 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 07.03.2017                   Bill

Ex.A2 dated NIL                     Photos

Ex.A3 dated 16.03.2017                   Legal Notice

Ex.A4 dated NIL                     Acknowledgements and receipts

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.C1 dated 25.01.2018                   Certificate of Analysis

 

 

 

MEMBER – I                                                               PRESIDENT