By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
On 07/02/2022 complainant purchased Asian AP Wood Tech Al-Gold Thinner Clear 5 litre, Apex Ultima 10 Litre, Asian AP Apex Classic white 20 litre, Asian Melamin Matt 4 Litre and Asian Enamel Aluminium Paint as per invoice serial No.3214 from opposite party No.2 for painting his brother's house . Thereafter on 10/02/2022, he purchased Asian Dam Proof Ultra 20 Litre as per invoice serial No.3291 and on the same day, he bought Apex Ultima 20 litre as per invoice serial No.3284.At the time of purchasing the paint, opposite party No.2 assured the quality of the paint as high quality and they also said that it is water proof paint and they assured full guarantee for the above paints.
2. But within one month the paint was peeling off from the surface of the walls and it got damaged. Complainant filed a complaint before opposite party No.2, but they said to complainant that the complaints about the paints should be filed before the customer care of opposite party No.1. As per his advice, on 13/04/2022 complainant registered a complaint before the customer care of opposite party No.1. After three weeks one of the representative of opposite party No.1 came to complainant’s house and after inspection he said that the putty applied before applying the paint was not dried at that time .That is why the paint was peeled off from the wall. Complainant again stated that they had applied the above said “putty” on the wall of his house on 21/08/2021. So the allegation of opposite party regarding the dryness of applied putty before applying the paint is not a question. There is no chance for not drying the putty in the wall. It is a clear deficiency in service on the part of opposite parties. Thereafter complainant received a reply letter from opposite party No.1 after 15 days. In that letter they directed the complainant to close the complaint. It is a clear deficiency of service and unfair trade practice from the side of opposite parties. Hence this complaint.
2. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 27,600/- as per invoice serial No.3214 dated 07/02/2022, Rs.34,400/- as per invoice serial No.3284/- dated 10/02/2022, Rs. 28,000/- as per invoice serial No.3291 dated 10/02/2022 , Rs.4,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 10,000/- as cost of the proceedings.
3. On admission of the complaint notice was issued to the opposite parties and notice served on them and opposite party No.2 did not turn up. Hence opposite party No.2 set exparte. Thereafter opposite party No.1 represented but no version filed. Opposite party No.1 received notice from this Commission on 21/06/2022. But on 25/09/2022 opposite party No.1 filed version in the office with petition No IA 655/2022 to receive the version. On 15/11/2020 they represented before the Commission that they filed version with petition. Since there is judgement of Apex Court against receiving version after the statutory period of 45 days. So the filed version not accepted by the Commission. Hence IA 655/2022 dismissed. Thereafter complainant filed affidavit and documents. Hence opposite party, set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A7. Ext.A1 is the original invoice having serial No.3214 dated 07/02/2022 given by opposite party No.2 to complainant. Ext.A2 is the original invoice serial No. 3291 dated 10/02/2022 given by opposite party No.2 to complainant. Ext.A3 is the original invoice having serial No.3284 dated 10/02/2022 given by opposite party No.2 to complainant, Ext. A4 is the reply letter sent by opposite party No.1 to complainant. Ext. A5 is the cash invoice dated 27/08/2021 given by Vengara hardwares to complainant at the time of purchasing Jotun Exterior Wall Putty. Ext. A6 are two photographs to show the condition of the wall. Ext. A7 is the colour copy of photographs of the paint buckets (3 Nos.).
5. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced seven documents which are very supportive to prove his case. But there is no expert evidence to prove the allegations of complainant. The photographs produced by complainant shows that the paint was peeling off from the wall where they administered the paint. As per Ext. A4 the letter sent by opposite party No.1 to complainant which stated that after inspection of the site they found out two root causes of occurrence of the complaint. That means opposite party No.1 admitted that there is some defects in the paint bought by complainant for administering his brother’s house. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
6. We allow this complaint as follows:-
The opposite parties are directed to refund Rs.90,000/-(Rupees Ninety thousand only) the cost of the paints to the complainant.
The opposite parties are directed to pay compensation of Rs. 10,000/-
Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
The opposite parties also directed to pay Rs.2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 10th day of March, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A7
Ext.A1 : Original invoice having serial No.3214 dated 07/02/2022 given by opposite
party No.2 to complainant.
Ext.A2 : Original invoice serial No. 3291 dated 10/02/2022 given by opposite party
No.2 to complainant.
Ext.A3 : Original invoice having serial No.3284 dated 10/02/2022 given by opposite
party No.2 to complainant.
Ext.A4 : Reply letter sent by opposite party No.1 to complainant.
Ext.A5 : Cash invoice dated 27/08/2021 given by Vengara hardwares to complainant
at the time of purchasing Jotun Exterior Wall Putty.
Ext.A6 : Two photographs to show the condition of the wall.
Ext. A7: Colour copy of photographs of the paint buckets (3 Nos.).
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
