D.O.F:18/02/2022

                                                                                                         D.O.O:20/02/2023

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD

        CC.No.37/2022

Dated this, the 20^th day of February 2023

PRESENT:

SRI.KRISHNAN.K                        :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Rajagopalan Veluthedan, aged 50 years

S/o Late P.V Kelu, Reshmi Nivas

Vainingal,  Bengalam, P.O

Nileshwar (Via) – 671314

Rep: by the PAH Mini K V, aged 38 years,                      : Complainant

W/o Rajagopalan Veluthedan ,

Reshmi Nivas, Vainingal, P.O Bengalam

Nileshwar (Via) - 671314

                                    And

1. The Proprietor

Metro Hardwares

New Happy Tourist Home

Market Road, P.O Nileshwar.

2. The Regional Manager                                           : Opposite Parties

Asian Paints Limited

3/585 – A, Kottaram Road

Opp. Teachers Training Institute

East Nadakkavu

P.O. Kozhikode - 673011

ORDER

SRI.RADHAKRISHNAN NAIR.M : MEMBER

            The complaint is for compensation on the ground of service deficiency and unfair trade practice on the part of the opposite party in selling substandard paints.

            The facts of the case in brief is as follows :   The complainant, believing the advertisement made by the Opposite Party  about the quality of Asian paints, purchased Asian paints from the Opposite Party  No. 1 for the painting works of his residential house.  The painting of walls, doors and windows of the house completed by April 2001.  But the paint of the window frames and door  frames started getting faded within a period of one month.  The wall paint started coming off from the wall.  The ultima paint which promised more shining also started fading.  Moss started developing and spreading in the outer walls the house.  The said defects in the painting are caused due to the bad quality of products supplied by the Opposite Parties.  Though the complainant had made several email communication with customer wing of the Opposite Party No. 2 in order to rectify the mistakes, there was no positive response from the side of the Opposite Party No.2 . The complainant had spent a sum of Rs. 1,00,000/- for purchasing the paints and a sum of the Rs. 50,000/- towards labour charge. The whole said amount has been wasted on account of the defective poor standard paint supplied by Opposite Parties.  The house needed repainting for which complainant will have to spend more than 1,50,000/-.  The complainant had to undergo severe mental pain and agony due to the latches of Opposite Parties, for which complaint is entitled to get compensation.  The complainant sent registered lawyer notice dated 27.11.2021 claiming compensation for which there was no response from the Opposite Party.  Hence this complaint is filed for direction to the Opposite Parties to pay Rs. 6,50,000/- with interest and cost.

            The notice sent to the Opposite Party duly served, but they remained absent and was set exparte.

            The complainant filed IA 212/2022 to appoint an advocate commission , who visited the house on 26.07.2022 inspected the site and filed the report dated report 20.10.2022.

The power attorney of the complainant filed proof affidavit in lieu of chief examination and the documents Ext.A1 to Ext.A9 and Ext.C1 are marked. The document Ext.A1 is the copy of Lawyers Notice, Ext.A2 and 3 are Postal Receipts, Ext.A4and 5 are Postal A/D cards, Ext.A6 is the Invoice dated26.03.2021 issued by the Opposite Party No.1, Ext.A7 is the Invoice dated 09.04.2021. issued by the Opposite Party No.1,Ext.A8 is the Invoice dated10.04.2021 issued by the Opposite Party No.1,Ext.A9 is the Invoice dated12.04.2021 issued by the Opposite Party No.1, Ext.C1 is the Report of the Advocate commissioner dated 20.10.2022.

     Based on the pleadings, the following issues are framed for consideration in this case.

1. Whether there is any service deficiency or unfair trade practice on the part of the Opposite Parties.?
2.  If so, what is the relief?

            For convenience, both the issues are considered together. The specific case of the complainant is that the paints sold by the opposite party are substandard and due to that he suffered loss and hardships. The painting work done at his house  using the paints supplied by opposite party faded within a short span of time and the house needed repainting.

To prove his case the complainant produced the documents Ext.A1 to A9and Ext.C1. The documents Ext. A6 to Ext.A9 would show that the complainant purchased the paints from the Opposite Party.

The Ext C1 would show that the advocate commissioner was appointed to inspect and report the following points :

1. To inspect the house bearing door No: MP W II 419 of Madikai Grama Panchayath.
2.  To note and report that the painting of window frames, doors, door frames of the said house looks very much faded an appears hold.
3.  To note and report the painting has come off from the walls at several places
4. To note and report the painting of the inner and outer walls of said house also look very much faded and hold in appearance.
5. To note and report the outer walls of the house are covered with Moses at many places.
6. To note and report that the air bubbles are formed at many places in the walls of the said house and that the painting will come off the those walls.
7. To note and report that the entire house needs repainting in order to make it appear new.
8. To estimate the total cost required for repainting the whole house. 

After inspection, the commissioner reports that all the six windows and frames and kitchen door and frames in the ground floor painted with brown colour is very much faded with white patches.  The polished front door and windows were seemed to be very old.  The door and frame which open to the utility area in the upstairs also having the same of the white patches and looking very old.  The bed room with theme wall of blue colour in the ground floor is affected with black Mosses in almost all over the walls.  The paint has come off from the blue theme wall and looking faded with white patches. The bed room with orange colour theme wall in the ground floor is having the problem of the air bubbles in the wall and paint has come off from various parts of the wall.  This central hall of the house is most affected with the problem of the air bubbles.  The paint has come off from the down side of the kitchen wall of also.  The paint comes off from the roof just above the stair case.  The outer walls painted with white paint is looking faded in all the appearance.  The inner walls mostly painted with light yellow colour is also having the same problem.  The commission could notice black Moss in outer walls.  The outer walls of the western side of the house are mostly affected by the Moss.  Almost all part of the inner wall in the ground floor is having air bubbles and has paint peel off in many areas.  The windows and frames needed repairing as there are white patches all over it.  The kitchen frames and doors which opened the utility area in upstairs also needed repairing.  The ground floor is having the problem of air bubbles.  The repainting is necessary for ground floor.

These all show that the painting works done using the paints supplied by the opposite Party have already spoiled within a short span of time.

Considering the facts and circumstances of the cases and in the absence of rebuttal evidence, this commission is of the opinion that the complainant has succeeded in proving that the paints sold by the opposite party are substandard and due to that he suffered loss and hardships. The painting work done at his house using the paints supplied by opposite party faded within a short span of time and the house needed repainting. The complainant submit that he had spent a total amount of Rs.1,50,000/- towards the price of paints and labour charges. He also submits that again that much amount is necessary for repainting. He estimate his loss to the tune of Rs.6,50,000/- But there is no evidence for such a huge amount. The documents Ext.A6 to A9 would show that altogether an amount of Rs. 66,346/- is spent for the purchase of the paints. The complainant submits that he spent Rs. 50,000/- toward the labour charges and for that also no details furnished. In this circumstance the commission hold that a total amount of Rs. 90,000/- would be a reasonable amount of compensation towards price of the paints and the labour charges. The complainant is entitled for Rs. 10,000/- towards the compensation for mental agony and hardships.

In the result the complaint is allowed and the opposite parties are jointly and severally directed to pay a total amount of Rs.1,00,000/- (Rupees One lakh only) as compensation and Rs.5,000/-(Rupees Five thousand only) as litigation cost to the complainant within 30 days. If the above amount is not paid within 30 days as ordered, the complainant is entitled to interest at the rate of 10% per annum upon the above amount, from this day to the date of payment.

    Sd/-                                                       Sd/-                                          Sd/-

MEMBER                                          MEMBER                              PRESIDENT

Exhibits

A1- Lawyers Notice

A2 & A3- Postal Receipts

A4 & A5- Postal Acknowledgment

A6- Invoice  Dt: 10/04/2021

A7- Invoice Dt: 09/04/2021

A8- Invoice Dt: 10/04/2021

C1- Report of the Advocate warrant commissioner

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MEMBER                                MEMBER                            PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/