DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 31^st day of October  2011

Present   : Smt.Seena.H. President

               : Smt. Preetha G Nair, Member

              : Smt.Bhanumathi.A.K. Member                 Date of filing: 18/05/2011

(C.C.No.71/2011)

Chandran Kunnath,

S/o.Raman,

Kunnath House,

Nattiyamangalam,

Chundampatta Post,

Palakkad.                                                      - Complainant

(By Adv.N.Anoopkumar)

V/s

1. Asian Paints Ltd.,

    6A Santhi Nagar,

    Santhacruze (E),

    Mumbai – 400 066.

    Rep.by Marketing Manager

     (By Adv.John John)

2. Proprietor,

    Vinlax Hardwares,

     Pirayiri,

    Palakkad – 678 019                                     - Opposite parties

    (By Adv.N.Narayanankutty)

O R D E R

By Smt.BHANUMATHI.A.K. MEMBER

The case of the complainant is as follows:

The complainant had purchased 34 liters of Paint by the brand name “SHELL PURPLE” and “MILAN RED” from 2^nd opposite party manufactured by 1^st opposite party vide invoice No.17979 dated 11/11/09 and  19757 dated 2/12/09 for painting his house.  The complainant purchased the paint in the belief that the said paints are of high standard qualities.  But the paint named ‘SHELL PURPLE” given by the 2^nd opposite party was not of good quality.  Without knowing this the complainant had spent money for painting the house.  Within a few days of painting the house itself, ants and other insects began to eat the painted surface and within a short period itself the wall began to look vulgar. The complainant made complaints regarding the said defect.  But the 1^st opposite party didn’t turn up.  After sending a lawyer notice the sales executives of opposite parties named Jeffi and Sudhir inspected and no further action was taken.  The act of the opposite parties are amounts to deficiency of service on their part. So the complainant seeking an order directing the opposite parties to pay  an amount of Rs.25,738/- as the price of paint and labour charges alongwith Rs.10,000/- as compensation for mental agony.

Opposite party filed version with following contentions.  1^st opposite party denied the averments of the complainant.  They are the manufacturers of good quality paint, hearing international acclaim and reputation and its products are subjected to all inhouse, quality  measures  before sending the same to the market.  The complaint dated 20/11/10 submitted by the complainant was attended to by Mr.Jeffy, the TSO, on 24/11/10 itself it was two buildings in which repainting were made with  Apex in Exterior surface  and the problem occurred only due  to the presence of moisture on the surface of the walls.  The 1^st opposite party uses the State of the art technology in the process of manufacturing its paints and adopts certain standard operating procedures for the production and distribution of the products.  All paints manufacturing units of the Asian Paints Ltd. in India are ISO 9001 : 2000 certified.   1^st opposite party is not liable to pay any compensation to the complainant.  Prays for the dismissal of the complaint with cost.

2^nd opposite party filed their version saying that the complainant had not purchased any product from the 2^nd opposite party and the complainant is not a consumer.

Complainant and 1^st opposite party filed  their respective affidavits.  2^nd opposite party has not filed any affidavit.  Ext.A1 to A3 marked on the side of the  complainant.  No document is adduced on the side of opposite parties.

The complainant filed this complaint to get compensation from the opposite parties  for supplying substandard paint for painting  the building belonging to the complainant.  The complainant had purchased 34 liters of paint being brand named as “SHELL PURPLE” and “MILAN RED”  from 2^nd opposite party manufactured by 1^st opposite party vide receipt invoice no.17979 dated 11/11/09 and 19757 dated 2/12/09.  But the paint SHELL PURPLE  was not of good quality within a few days after painting itself insects attacked the applied paint and the wall began to look vulgar.  2^nd opposite party denies the purchase of the paint itself.   But the Ext.A1 & A2 documents are issued from 2^nd opposite party.  According to 1^st opposite party they are the manufacturer of quality paints and its products are subjected to quality  checking measures before sending the same to the market.  There was no manufacturing or other defects as alleged.  All  paint manufacturing units of Asian Paints Ltd. in India are ISO 9001 : 2000 certified.   The 1^st opposite party  admits that there are some defects occurred.  According to Mr.Jeffy, the TSO who was attended the complaint the problem occurred only due to the presence of moisture  on the surface of the walls.  No steps were taken  by the complainant to prove the manufacturing defect of the paint. There is no document to show that whether the opposite parties given any direction  regarding the conditions are to be followed  while applying the paint. In the last stage complaint was amended  and additional affidavit was filed by the complainant.  No additional version was filed by the opposite parties.

From the above discussions we are of the view that the complainant caused mental agony and monitory loss as at the time of purchasing  the paint the opposite parties did not give sufficient instructions regarding the condition to follow while applying  the same. Complainant lost the price of the paint and labour charge for painting.

In the result the complaint partly allowed.  Opposite parties are jointly and severally directed to pay an amount  of Rs.5,000/- (Rupees Five thousand   only) as cost of the paint alongwith Rs.5000/- (Rupees Five thousand only)  as compensation and Rs.500/- (Rupees Five hundred only) as cost of the proceedings. Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.

Pronounced in the open court on this the 31^st  day of October 2011.

         Sd/-

Seena.H

President

     Sd/-

Preetha G Nair

Member

     Sd/-

Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 –  Original Invoice No.17979 dated 11/11/09 issued by 2^nd opposite party

Ext.A2 –  Original Invoice No.19757 dated 02/12/09 issued by 2^nd opposite party 

Ext.A3 –  Lawyer notice sent to opposite party by the complainant              

             dtd.04/8/2010

Exhibits marked on the side of the opposite parties

 Nil

Cost Allowed

Rs.500/- allowed as cost of the proceedings