Man claims algae on newly painted home walls, wins Rs 55,000 payout

In 2011, the complainant allegedly carried out the painting work of the exterior portion of his house using paint manufactured by Asian Paints Ltd. He had purchased the said paint from the dealer Sreelakshmi Paints after seeing an advertisement that no fungi or algae would affect the wall of the house if it is painted with Asian Paints.

The complainant painted the exterior portion of his house using Apex Ultima manufactured by the company, and spent Rs 50,000 as labour charges, but two months after the painting was complete, monsoon hit the region in June 2012. He then noticed that algae and fungi started appearing on the exterior portion of the newly painted surface of the house.

He immediately contacted Sreelakshmi Paints and reached out to Asian Paints, but received no relief even as the algae and fungi spread over a large area of the exterior portion of the house. Consequently, the house developed a shabby appearance.

Even though the complainant had sent a legal notice, neither was it replied to by the opposite parties nor did they take any step to redress the grievances of the complainant, and in the said circumstances, the complainant filed the complaint alleging deficiency in service and unfair trade practice against the opposite parties.

Skilled labour not used: Asian Paints

Asian Paints filed a joint written version contending that the paint supplied to the complainant was not Apex Ultima, and contended that there may have been be cracks in the wall at the time of painting it, due to which the fungi grew.

The company contended that the complainant did not employ skilled labourers for the painting work, which also could be a reason for the growth of fungi, as only two layers of paint were visibly observed during the site inspection by an Asian Paints representative, and the third coating was missing. It argued that Asian Paints only supplies standard quality paints with ISI specification, and no warranty for five years as contended in the complaint.

After evaluating the evidence, the district commission directed the opposite parties to pay Rs 50,000 towards the cost of repainting as assessed by the commissioner, and they were also directed to pay Rs 5,000 as compensation and costs to the complainant.

Commission’s findings

• The argument that the algae and fungi appeared as the painting was done by unskilled labourers over the cracks on the walls was devoid of merits, the state commission found.
• The evidence shows that the fungi and algae appeared within a short period after completing the painting and that the opposite parties did not rectify the defects despite repeated requests.
• Therefore, there was deficiency in service on the part of the opposite parties.
• Consequently, the district commission’s finding that service was deficient is perfectly justified.
• The complainant contended that he had to spend Rs 1 lakh to effect the repainting of the walls, but the district forum ordered only Rs 50,000, which cannot be said to be arbitrary, disproportionate, or excessive, warranting interference by this commission.

Consumer takeaway

The ruling underscores that a consumer cannot be deprived of their right to claim when they have produced all the documents in favour of their case, and that a company, in this case Asian Paints, cannot evade their responsibility by blaming the unskilled labour, cracks on the wall, for their paints not working effectively as promised.

It highlights that a company, when proved deficient in part of their service, has to compensate the consumer with whatever deemed necessary by the consumer court.

Aggrieved consumers may contact the consumer helpline in their respective states (Kerala helpline: 1800-425-1550 ) or call the National Consumer Helpline at 1915 for assistance.