District Consumer Disputes Redressal Forum

Dakshin Dinajpur, W. Bengal

(Old Sub-Jail Municipal Market Complex, 2^nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)

Telefax: (03522)-270013

Present          

Shri Sambhunath Chatterjee              - President

Miss. Swapna Saha                            - Member

Shri Siddhartha Ganguli                      - Member

Consumer Complaint No. 2/2016

Sri Manas Laha

S/o Manik Laha

Mobile No.9434512865

Adarasha School Para

PO & P.S.: Balurghat,

Dist. Dakshin Dinajpur                      …………………Complainant(s)

V-E-R-S-U-S

1.   The Asian Paints Limited,

      6-A, Shantinagar

      Santacruz (East)

      Mumbai-400055

      Website: www.asianpaints.com  

2.   Maa Chandi Hardware,

      Nazrul Sarani

      PO & PS: Balurghat,

      Dist.: Dakshin Dinajpur-733101, Ph No.03522-259109

2.   Mohan Mahanto (Painter)

      S/o Gautam Mahanto

      Raja Rammohan Road, Mahanto Para

      (Near Taranchandra High School)

      PO & PS: Balurghat,

      Dist.: Dakshin Dinajpur ………………Opposite Party / Parties

Ld. Advocate(s):

For complainant          ………………  - In Person

For OP No. 1              ………………  - Shri Nirmal Agarwal

For OP Nos. 2 & 3      ………………  - Ex-parte

Date of Filing                                       : 22.01.2016

Date of Disposal                                 : 21.03.2016

                                                                                                Contd…P/2

Judgment & Order  dt. 21.03.2016

            Fact of the case in brief is that the complainant Manas Laha after completion of his construction in the month of January, 2014, he purchased in order to paint his building of Asian Paints Wall Putty from Maa Chandi Hardware and also purchased 21 Asian Paints Exterior Wall Primer, accordingly the said primer and colour manufactured by the Asian Paints company with quality of Apex Ultima, wherein the warranty was given on each drum regarding colour spot and anti algal. After completion of the paint of the building it was found after 2 months that where the bird droppings fell on the portion of the parapet the colour was found peeled off.

            The complainant brought to the notice to the company OP No. 1 wherefrom it was informed that Apex Ultima wherein 5 years warranty was given, does not include the bird droppings peeling off and the complainant was advised to use Apex Ultima protect in order to avail of that benefit regarding peeling off colour due to bird droppings. The complainant stated in the complaint that the company by giving 5 years warranty of staying of colour and on the basis of said warranty the complainant purchased the Asian Paints with brand name of Apex Ultima. Since, the complainant’s grievance has not been redressed by the company OP No. 1, therefore, the complainant has filed this case prayed for compensation as well as for damage to the tune of Rs.40,000/- and 50,000/- respectively.

            The OP No.1 contested the case by filing a written version whereby the OP No. 1 denied all the material allegations of the complaint. It was specifically stated that the company- OP No. 1 is a reputed company and the products pass through stringent quality checks and tests trial before the actual start of commercial production. The products also go through process of quality inspection before the same is despatched for sale. OP No. 2 is a well reputed dealer and OP No. 1 has also dedicated all India 24x7 Help Line to redress the

                                                                                                Contd…P/3

grievance of the customers. The complainant purchased the product after being satisfied of the quality of the same.

            It was specifically stated that the complainant’s grievance was dully attended by the company’s representative and explained to the complainant that no warranty for bird droppings peel off for the product of Apex Ultima is applicable and in view of the said fact that there is no defect in the quality of the paint purchased by the complainant. Therefore, the complainant will not be entitled to get any relief as prayed for and accordingly the OP No. 1 has prayed for dismissal of the case.

            On the basis of the pleadings of the respective parties following points are to be determined :-

1. Whether the complainant purchased the Asian Paints manufactured by the OP No.1?
2. Whether the complainant purchased the same from Op No.2?
3. Whether the quality of paint i.e. Asian Paints Apex Ultima covers of warranty for bird droppings peel off?

4. Whether the complainant will be entitled to get relief as prayed for?

DECISION  WITH  REASONS

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            The complainant himself presented his case. In order to prove that he purchased 40 litres of Asian Paints of Exterior Wall Premier quality has filed documents to prove that the said paint was purchased from OP No. 2 Maa Chandi Hardware. The complainant emphasized that after painting his building he noticed that peeling off the colour for which he contacted the company OP No. 1 through Toll Free number, wherefrom he came to know that though on the label of the drum of Apex Ultima that 5 years performance warranty was given including colour staying and anti algal formula, due to dropping of birds the colour was peeled off and he brought to the notice to the OP No. 2 and he

                                                                                                Contd…P/4

 provided him a Toll Free number and after having contacted with the representative of the company, he came to know that the Apex Ultima had no 5 years warranty for bird dropping and as such he was asked to use Apex Ultima Protect. In view of such fact that the complainant argued that there was no mentioning in the advertisement of the said paint of the company that the birds dropping was not covered within 5 years warranty as guaranteed by the company being regarding the colour staying and anti algal formula.

            The complainant argued that because of such misleading advertisement the company has misguided him for which he has suffered. The company ought to have mentioned in the said advertisement or on the label of the drum of the paint that the colour if peeled off due to birds dropping would not be covered within 5 years warranty period. Accordingly, the complainant argued that he should be compensated by the company for loss sustained by him.

            The Ld. Lawyer for the OP No. 1 argued that the Asian Paint is a reputed company and the said product in the market continued for a several years. The consumers are using the products and the complainant had purchased the products after being satisfied with quality of the same. The Ld. Lawyer for the argued that all the products manufactured by OP No. 1 are put through stringent trial system, quality checks and tests by the quality department before being cleared for despatched to the market. It is also brought to the notice of this Forum by the Ld. Lawyer for the OP No. 1 that after getting complaint from the complainant the company’s executive took a conference with TSO, warranty terms were explained to the complainant i.e. no warranty for bird dropping peeled off for the product of Apex Ultima is applicable. In view of the said fact that the Ld. Lawyer for the OP No. 1 emphasized that the complainant though aware of the said fact that he has falsely filed this case against the OP Nos. 1 & 2, as such the Ld. Lawyer for the OP No. 1 has prayed for dismissal of the case.

Contd…P/5

            Considering the submission of the respective parties it appears that the complainant purchased Asian Paints with the brand name of Apex Ultima and on the label of the drum there was specifically mentioned that there was 5 years warranty regarding the stay of the colour, if applied on the wall surface of the building. The complainant after having knowledge of 5 years warranty in respect of quality of the said paint purchased and applied on the building and there was no allegation regarding not staying the colour in respect of using of paint on the wall surface of the building. Only allegation levelled against the OP No. 1 that the birds dropping was not included in the said 5 years warranty period regarding peeling off of the product of Apex Ultima, whenever, such warranty was provided on the label of the drum, there was no mentioning of the said fact.

            It is also admitted fact that the said paint was advertised with the assurance that if the said paint is used on the wall, there will be no change of colour within 5 years and the said paint was sold only for the purpose of outer surface of the building. The company being a reputed paint manufacturing company having qualified persons and they ought to have assessed that in the case of applying of such paint on the outer surface of the building, there may be birds dropping and if that fact would have been considered by the manufacturing company–OP No. 1 at the time of giving undertaking of 5 years warranty to the customers ought to have mentioned that the bird droppings would not cover in the said warranty.

            Since, herein this case some patches were found on the parapet of the said building of the complainant and if the company is asked to provide 4 litres of the said product i.e. exterior Apex Ultima free of cost in stead of imposing compensation, grievances of the complainant could be pacified and he can use the said paint for removing those patches by using the paint provided by the OP No. 1. The complainant will have to bear labour charges for using the paint that will be provided by the OP No. 1 free of cost.

                                                                                                Contd…P/6

            Thus, all the points are disposed of accordingly.

             Hence, it is

                                                O R D E R E D

            that the instant petition of complaint CC No.2/2016 is allowed in part on contest against the OP No. 1 and ex-parte against the OP Nos. 2 & 3 without any cost.

            The OP No. 1 is directed to provide 4 liters of exterior wall premier within 60 days from this day through OP No. 2 with an intimation to the complainant that he can procure the paint of said quantity of 4 liters from the shop of OP No. 2 within the period as mentioned herein above.

            The complainant cannot claim any labour charges from the OP Nos. 1 & 2 for applying such paint to the affected parts of wall parapet etc. of the building.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

            Dictated & corrected

            ………….….…….                                                      

            (S. N. Chatterjee)                                                       

                President                                                                

            We concur,

            ………...……                                                  …………..……..

              (S. Saha)                                                            (S. Ganguli) 

               Member                                                                Member

1. Date when free copy was issued                         ……………………
2. Date of application for certified copy       ……………………
3. Date when copy was made ready            ……………………
4. Date of delivery                                        ……………………

FREE COPY [Reg. 18(6)]

1. Mode of despatch                               ……………………
2. Date of despatch                                ……………………

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