DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 26TH DAY OF NOVEMBER, 2024.
PRESENT : SRI. VINAY MENON .V.
: SMT.VIDYA A., MEMBER.
: SRI. KRISHNANKUTTY N.K, MEMBER.
DATE OF FILING: 13.04.2023.
CC/100/2023
Adv.Shahul Hameed PT, - Complainant
Mehfil, Pourathodiyil House,
Thrithala PO, Pattambi Taluk,
Palakkad District-679 534.
(By Adv.K.Dhananjayan)
Vs
1. Asian Paints Limited, -Opposite Parties
Asian Paints House,
6A, Shantinagar, Santacruz (E),
Mumbai-400 055.
2. Asian Paints Limited, Asian Paints House,
6A, Shantinagar, Santacruz (E),
Mumbai-400 055.
Managing Director/Manager/Authorised Signatory.
3. Krishna Paint Magic,
Asian Paints Colour Idea Store,
Near HDFC Bank, Palakkad Road,
Mele Pattambi PO, Palakkad-679 303.
(All ops-Ex-parte)
ORDER
BY SMT.VIDYA A., MEMBER.
1. Pleadings of the complainant in brief:-
The complainant, after seeing the various advertisements regarding the quality of paints manufactured by the 1st and the 2nd opposite parties Asian paints, approached the 3rd opposite party, who is their authorised dealer (wrongly mentioned as OP2) to buy their product for painting his house. As per their advice, he purchased all necessary painting materials including thinners, primer water proof putty, sealer etc. He purchased the paint products amounting to a total of Rs.1,39,190/- for painting and renovating his house.
The 1st and 2nd opposite parties have assured that the quality of the paint will be lifelong and the bright colour would last for at least 10 years and it would resist all climatic and weather conditions prevailing in Kerala. He employed highly experienced painter for painting and they painted the house strictly in accordance with the instructions given by the opposite parties in the packets. But after painting the inner and outer portions of the house, it appeared as smoky tarnish and had an obscure peevish look. Instead of brightness as assured by the opposite parties, there was blackish shade surrounding the entire house. This happened only due to the manufacturing and selling of substandard and spurious goods by the opposite parties. It amounts to deficiency in service on their part.
So, he approached this Commission with this complaint for directing the opposite parties:
1. To return the amount of Rs.1,39,190/- spend by him for purchasing the paint and other products for painting.
2. To pay a compensation of Rs.5 lakhs for the mental agony and deficiency in service on the part of the opposite parties.
3. To pay the cost of the litigation amounting to Rs.25,000/-.
2. After admitting the complaint, notices were issued to the opposite parties. Opposite parties 1 and 2 received notice on 28.04.2023. Eventhough they filed vakalth, they did not file version within the statutory period (They filed the version on 13.07.2024). Opposite parties 1 and 2 filed IA No.437/2023 to review the order setting them ex-parte and it was dismissed. The 3rd opposite parties notice returned stating ‘shop closed’ and the complainant produced e-mail id of the 3rd opposite party. Mail delivered to the 3rd opposite party on 15.06.2023. But they did not appear or file version and they were set ex-parte.
3. Complainant filed an application as IA.No.617/2023 to appoint an Advocate Commissioner to inspect the site and report and it was allowed. Complainant filed proof affidavit along with photographs. Exts.A1 to A7 marked from his side. Exts.C1 and C2 (series) marked. Ext.C2 is a set of 20 photographs.
4. Complainant’s case is that he purchased painting products manufactured by the 1st opposite party by spending an amount of Rs.1,39,190/- for the painting and renovation work of his house. He purchased the products believing their advertisement through various medias and assurance that the paint is of high quality and the bright colour will last for at least 10 years.
5. But contrary to their assurance and promises, after painting his house with the products, the house looked as surrounded by a blackish shade. He employed skilled labourers and they had strictly followed all the instructions given by the manufactures. According to him, the defect is due to the substandard quality of paint manufactured and sold by the opposite parties.
6. The documents produced by the complainant were marked as Exts.A1 to A7. Ext.A1 to A6 are the Tax invoice (originals issued by the 3rd opposite party for the purchase of the paint and other materials used for painting). Ext.A7(series) are the photographs showing the defects. Complainant also filed an application as IA.No.617/2023 for the appointment of an Advocate Commissioner to ascertain the extent of damage occurred to the paintings applied in the residential building of the complainant. The report filed by the Advocate Commissioner is marked as Ext.C1 and photographs produced along with the report is marked as Ext.C2 (series).
7. The Commissioner in Ext.C1 report has mentioned that there are paint blisters and peeling in the walls of the house. The painting in the walls and roof of the bed rooms and bathrooms got peeled off. Further, the white paint in the ceiling had faded and dark shade appeared on this. The same colour paint applied on different parts appeared in different shades. He concluded that the defects in the painting had affected the beauty of the house. But, he had not mentioned anywhere that whether the defect is due to the substandard quality of the paint or the defect in the application of the paint or due to some other reason like moisture content etc in the walls and ceilings.
8. The complainant had stated in the complaint that after starting the painting works in his house in the year 2021 April, he noted some defects like colour change in the form of Smokey furnish or faded or pale colour. He registered a complaint with the opposite parties 1 and 2 regarding the poor quality of the product. Thereafter an executive of the 1st opposite party visited the site and evaluated the complaint and finally replaced certain products by new items. Further, the 1st opposite party had reimbursed 10 days labour charge which was adjusted by the dealer in the price of the products purchased later.
9. Such an act on the part of the opposite parties in replacing some of the products and paying the labour charge amount to indirect admission on their part that some of the products manufactured and supplied by them were of poor quality. The opposite parties did not file their version within the statutory period and hence, they were set ex-parte. They had also failed to seek for contesting the matter based on subsequent decision of Hon’ble Supreme Court of India and High Court of Kerala.
10. So, there is deficiency in service on the part of the opposite parties in supplying substandard products. Eventhough they have attended the issues and replaced it, there is deficiency in service on their part and they have to compensate the complainant for that. But, the complainant is not entitled to get the full refund of the amount as prayed for since the defect appeared in certain parts only. So, he is entitled to compensation which is adequate for rectifying the defects. Further, he is entitled to get compensation for the mental agony and financial loss.
In the result, the complaint is allowed in part.
1. The opposite parties 1 and 2 are jointly and severally directed to pay Rs.25,000/- for the deficiency in service, Rs.15,000/- as compensation for the mental agony suffered by the complainant and Rs.15,000/- as cost of the litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to pay Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 26th day of November, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
VIDYA A., MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Tax invoice bill issued by Krishna Screen Magic Asian Paints Colour Idea store for the purchase of Asianpaints and allied products having 29 items for Rs.1,30,303/- to the complainant.
Ext.A2: Tax invoice bill issued by Krishna Screen Magic Asian Paints Colour Idea store for the purchase of Asianpaints and allied products having 29 items for Rs.3,758/- to the complainant.
Ext.A3: Tax invoice bill issued by Krishna Screen Magic Asian Paints Colour Idea store for the purchase of Asianpaints and allied products having 29 items for Rs.1,732/- to the complainant.
Ext.A4: Tax invoice bill issued by Krishna Screen Magic Asian Paints Colour Idea store for the purchase of Asianpaints and allied products having 29 items for Rs.2,291/- to the complainant.
Ext.A5: Tax invoice bill issued by Krishna Screen Magic Asian Paints Colour Idea store for the purchase of Asianpaints and allied products having 29 items for Rs.553/- to the complainant.
Ext.A6: Tax invoice bill issued by Krishna Screen Magic Asian Paints Colour Idea store for the purchase of Asianpaints and allied products having 29 items for Rs.553/- to the complainant.
Ext.A7: 10 nos of photographs showing the peel of surface of the ceiling of the complainant’s house painting surface of the complainant’s house.
Document marked from the side of Opposite party: Nil
Document marked from the side of Court: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 15,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
