We recently gave contract to Asian Paints to re-paint our house for 4Lacs. We got quote from Asian Paints which also included work schedule in three phases. No specific description was provided on what will be done in each phase, but we are asked to make payment on completion of each phase. We asked for description of each phase we were not given any specific details. In quote given to us, We are told, house roof damp proofing will cost 1 lac. When we checked Asian Paints website, description of this task was clearly explained. However, when work was carried out, quantity used to damp proof was only 10% of recommended quantity by Asian Paints website. When we challenged, we are told by Asian paints executive that they have used materials correctly. Cost of materials actually used would be around 25 thousand vs quote of 1 lac. We can see finishing is nothing like described in Asian Pants website. In quote given to us, Primer was included for both metal and wood re-painting. In addition, two coats of enamel paint was in quote. However no primer was used during painting. While they were painting, we prompted them many times that primer needs to be applied before enamel painting is done, otherwise paint would sheer off in weeks due to intense hot weather and rainy seasons. We were told primer is not required if its repainting work. When we challenged why its been included in quote, no specific answer was given. To me quote is inflated with cost of primer and i wanted a re-quote with materials actually used. So far they are standing by their original quote. During 1st phase of painting, one of painter called and informed us that paints are very old and expired and expiry date has been tampered on paint cans. We were given photographs of paint cans to prove what they said. We challenged it and we are told paints dont have expiry date and paints which are 10 year old are as good as latest dates. We dont agree with this and we can see colour has faded and some grainy textures have started to form where these old paints was used. Now Asian Paints executive is saying we finished our work and want us to pay final part, without addressing any of our concerns. We raised all our concerns with Asian Paints customer service and they have raised investigation, however they are assigning someone to come and investigate our concerns. However person assigned is someone who work with current asian paint executive and dont think they will do an independent evaluation. if they dont agree to our concerns, what are our options? if they offer to redo parts of house, can we refuse and ask to reduce overall payment? As we cannot stay back for another week for them to complete task and return to our work.
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You can send them a legal notice and thereafter file a complaint before consumer court
Sir,
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1) File complaint against Asian paints before consumer forum for deficiency of service
2) seek orders to direct Asian paints to redo the painting work after using primer
3) seek litigation costs and compensation for mental torture undergone by you
4) you should not refuse their offer to redo parts of house
You have to allow the company's men to carry out the investigation into all your allegations unless the company will cleverly turn the table against you and they will portray that your complaints are false since you didn't allow them to inspect the spot.
You can have your own experienced painter with you while the company's team is visiting so that they cannot manipulate the issues.
If your problems are not addressed properly nor your grievances are not taken care, you can escalate the matter through consumer grievances redressal commission for deficiency in service as well as for unfair trade practice and you can secure the evidences to prove your pleadings against them in the court.
For deficiency of service you have always the option of claiming compensation through consumer forum.
However , please note that such claim would be subject to proof before the consumer forum after contested hearing and exchange of evidences and affidavits.
Act accordingly..
- If you have entered into an agreement with the said Asian Paints company even orally for carry the said work , then you can claim refund and damages for the unsatisfactory work.
- As per Section 10 of the Indian Contract Act, 1872 , An oral agreement is as equally valid, as a written one , and the legality of an oral agreement, cannot be questioned.
- Since,as his work is not as per the promised , then you can file a complaint before the Consumer forum on the ground of deficiency of work to get the refund and damages.
- Further, getting the business on the false information is also an offence like cheating and breach of trust , hence you can file a complaint against the said company as well.
Dear Client,
You might choose to bring up the issue with a higher-ranking official if you have voiced your concerns to your line manager or an equivalent and they have either disregarded you or denied any misconduct. This can frequently assist in providing objectivity and oversight for your issues because your line manager or the concerned personnel might have to provide an explanation for their choice. Make sure you have a complete record of all the problems you've had, including pictures of any poor-quality work, emails you've had with Asian Paints, and any proof of the calibre of the materials used. Examine the contract you signed with Asian Paints carefully to make sure you understand your rights and responsibilities, as well as any provisions pertaining to warranties, guarantees, or dispute resolution. If you're not happy with Asian Paints' response, you might want to try hiring a third-party expert to review the work done and provide you a fair evaluation of the painting job's quality and thoroughness. You might need to look into your legal options if Asian Paints won't listen to you or offer a satisfactory settlement. Some of these include registering a complaint with consumer protection organizations, going through mediation or arbitration, or bringing a lawsuit for negligence or contract breach. You can bargain for a lower total cost if Asian Paints agrees to redo some of the house in order to make up for the inconvenience and possible loss of revenue from having to take more time off work. Ensure that any agreement is recorded in writing.
