Forum asks agency, firm to repaint house or refund Rs 4 lakh to complainant

In his complaint, he alleged that his company had hired the services of Jaipur-based C and F Company, Kandarp Traders, Panchkula, and Asian Paints Home Solutions, Panchkula, for painting the entire house in Sector 27-A, Chandigarh. A payment of Rs 4.11 lakh was made in various instalments.

A warranty card valid up to December 31, 2014, was issued to Sardana in the name of the company, as per which, any
defect occurred in the first year, repair/repaint/replacement would be carried out by the company, and the company would bear 100 per cent of the total replacement cost on re-work on the site and that the site would be repainted as per warranty terms.

Sardana alleged that soon after the completion of work, he noticed some defects, as cracks began to appear and the paint began to peel off. So, he requested the company officials to repaint the defected portion on the site as per the terms of the warranty. However, no action was taken. Then, he sent emails and a legal notice, but to no avail, as there was no response.

The company argued in the court that there was dampness and seepage at the site before the work was started and the warranty is void because of the presence of damage, moisture and cracks on the site. It also argued that the performance tests for all paint products were carried out prior to release of design for manufacturing of paint.

However, taking the arguments into account, the court held that the company was making statements which would appear to be ideal in character, and the court cannot decide upon the validity or otherwise of the grievance on the basis of an averred ideal scenario.

Holding the company guilty of deficiency in the execution of the contracted work, the court directed the company to repaint the house failing which it would be required to pay a sum of Rs 4.11 lakh to the complainant.

A fine of Rs 10,000 was also imposed on the company as the compensation for mental agony and harassment caused to the complainant, and also, Rs 5,000 as litigation costs.