Partly deaf, but fully aware of his rights

The Court of Appeal will convene next week to hear the case of man injured by a faulty power drill.

FEATURE

PETALING JAYA: A man who became partially deaf because he used a faulty power drill has decided to represent himself at the Court of Appeal, where he is seeking a higher quantum of damages than the amount awarded by the High Court.

The appeal will be heard on July 3.

V Sundrum, 53, of Kulai, Johor, used to be a sales representative but is now jobless. He told FMT he could not afford a lawyer.

“I’m nervous as I have no legal expertise,” he said. “But I think it’s up to me to fight this case on my own in order to create awareness among the public.”

In May 2005, Sundrum bought a MAC 500W impact drill from a Carrefour outlet in Johor Baru after seeing it advertised in an English daily.

The drill, certified by the Energy Commission, went bust the following day while Sundrum was using it. The bit detached itself and ricocheted from the wall he was drilling. It hit his face and caused injuries to his left eye and ear.

The eye recovered, but Sundrum lost his hearing in the left ear and the Welfare Department has certified him as disabled.

He filed a civil suit and won the case against the hypermarket in September 2010, but the High Court awarded only RM10,000 in damages and did not order the defendant to pay the cost of the litigation. Sundrum had sought RM400,000.

Explaining why he had not engaged a lawyer, Sundrum said: “I spoke to about 10 lawyers and all of them asked me to pay a minimum of RM15,000. I have no job and no more money. I spent much time and funds trying to win the High Court case.”

No lawyers to help

He also said he had lost faith in the lawyer who represented him at the High Court, claiming that he did a bad job.

“He asked me to pay RM50,000 to work on the appeal, but I refused due to financial constraints. He discharged himself from the case on March 20.”

In the same month, Sundram complained about the lawyer to the Bar Council, and the organisation’s disciplinary board has acknowledged receipt of the complaint.

Asked whether he had sought assistance from consumer associations, he said he had lost faith in them as well.

“Fomca [the Federation of Malaysian Consumers Associations] recommended the previous lawyer to me. They didn’t even call me after the High Court verdict although they knew of my case.”

Sundrum said he consulted the Legal Aid Bureau for assistance on his appeal and praised it for being helpful.

“I submitted all the necessary documents to the Court of Appeal on the bureau’s advice to get my case running again,” he said. However, he added, bureau officials told him they could not provide lawyers for appeal cases.

Sundrum told FMT he hoped his case would encourage other consumers to stand up for their rights.

“It’s time for consumers to be aware of their rights and speak against injustice,” he said.