NCDRC

NCDRC

RP/3025/2010

BERGER PAINTS INDIA LTD. - Complainant(s)

Versus

R.T. PATIL - Opp.Party(s)

MR. SHANKAR DIVATE

17 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3025 OF 2010
(Against the Order dated 03/02/2010 in Appeal No. 624/2009 of the State Commission Karnataka)
1. BERGER PAINTS INDIA LTD.Through its Authorized Signatory, No. 22, Fort 'A' Street, K.R. RoadBangaloreKarnataka ...........Petitioner(s)
Versus
1. R.T. PATILCharitable Trust, Basavant Van, ShivagiriBijapur - 586101Karnatka ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :MR. SHANKAR DIVATE
For the Respondent :NEMO

Dated : 17 Sep 2010
ORDER

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Delay condoned.

 

Heard learned counsel for the petitioner. 

This revision is directed against the concurrent findings of two fora below.  The complainant had purchased paint from the petitioner and it was painted on Lord Shiva’s statue in Bijapur.  Within a period of one and a half years the paint faded even though there was five years’ warranty given by the petitioner as also a certificate showing “weather coat long life Guarantee”.  The defence taken by the petitioner was that the respondent had not used sophisticated equipments to paint the Lord Shiva’s statue and had not followed the direction and used only cheaper labour, who did not know about painting art.  On what basis this defence

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has been taken is not clear since it is not the case of the petitioner that on behalf of the petitioner some person was present when the painting had been done.  Another defence taken by the petitioner was that the warranty does not cover any defect arising out of factors out of control of the company, such as natural calamities and external environmental factors.  The petitioner had sold the paint with a certificate “weather coat long life Guarantee” and such plea cannot be accepted.  In view of this, the State Commission has very rightly dismissed the appeal and confirmed the finding of the District Forum.  We do not find any merit in this revision petition.  It is hereby dismissed with no order as to costs.

 



......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER