• Quality of paint materials and workmanship for painting the exterior walls of my house

1. I am planning to paint the exterior walls of my mud block house with Star Proof WF SP 600, Star Bond Starcem 2K and NippoBrush Crete. I want to know how to ensure that the products I purchase are genuine and unadulterated and without manufacturing defects? 
2. Whom should I approach for compensation under the Consumer Protection Act 2019 for any defective material supplied by the company? Is it necessary to produce bills for proof of purchase? 
3. Since the contractor is the person who is purchasing the paint and waterproofing materials from the company, what action should I take in case he brings defective material for the job?
4. If there are any issues with workmanship and labour and the work done is defective, can I seek compensation from the contractor under the Consumer Protection Act 2019. Whom should I approach for this? How do I ensure that the contract drawn by me and the contractor is a valid one for legal redressal?
Asked 18 days ago in Consumer Law

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20 Answers

It should be mentioned that paints would be purchased from manufacturers authorised outlet only 

 

2) insist on bills from the outlet 

 

3) you will need to prove that materials were purchased by contractor and bills for material paid by you 

 

4) you can claim compensation if material and workmanship is defective 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7884 Consultations

 

Get contract drafted by lawyer 

 

mention period within which work should be completed .quality of paints to be used 

 

milestone when payments would be made 

 

arbitration clause for resolution of dispute 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7884 Consultations

 

Contract should be stamped 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7884 Consultations

Since you are contracting to a contractor for carrying the work of painting hence you can proceed against contractor if work is not properly done in terms of work specification as specified in work order and/or contract as case may be. consult a lawyer and get drafted a proper agreement and work order. so far purchase of material is concern then as per law product purchased for commercial purpose hence same does not fall in consumer Act. Secondly as product will be purchased by contract then also you are not consumer so you shall not be entitled to file consumer complaint. For getting issued legal notice, for filing of consumer complaint you should contact a local competent lawyer and he will take care of court works. Procedure etc are detailed in consumer protection Act so consult the consumer protection Act

Siddharth Srivastava
Advocate, Delhi
1455 Answers

Here’s a detailed response to your questions regarding the use of paints and waterproofing materials for your mud block house and the steps to ensure quality, address grievances, and protect your interests legally:

1. Ensuring the Products Are Genuine and Unadulterated


  • Purchase from Authorized Dealers: Always buy products directly from the company’s authorized dealer or distributor.

  • Check for Batch Numbers: Verify the batch number and manufacturing date on the packaging.

  • Verify Product Authenticity: Contact the company’s customer care or use any QR codes/online verification methods to confirm product authenticity.

  • Retain Invoices and Bills: Ensure you receive proper bills with product details, even if purchased by your contractor. Insist that the contractor shares the purchase details with you.

2. Compensation Under Consumer Protection Act, 2019


  • Defective Material Compensation:

    • Approach the manufacturer or authorized seller first and notify them of the issue.
    • If unresolved, you can file a complaint with the District Consumer Disputes Redressal Commission for compensation.


  • Proof of Purchase:

    • Bills or invoices are typically required as proof of purchase to establish the seller’s liability. If the contractor purchased the material, request the invoices as part of your agreement.

3. Action if the Contractor Brings Defective Material


  • Inspect Materials Before Use: Conduct a thorough inspection of materials before they are applied. Verify their quality using the methods mentioned earlier.

  • Include a Clause in the Contract: Specify that all materials must be of genuine quality and procured from authorized dealers, and that defective or substandard materials will be replaced at the contractor’s expense.

  • Document Evidence: Take photographs and keep records of any defective material brought by the contractor.

4. Compensation for Defective Workmanship


  • Seeking Compensation:

    • The Consumer Protection Act, 2019 allows you to file a claim against the contractor for defective workmanship.
    • Approach the District Consumer Disputes Redressal Commission for redressal if the contractor’s services are subpar.


  • Ensuring a Valid Contract:

    • Draft a detailed contract specifying all terms, including timelines, quality standards, penalties for defects, and dispute resolution mechanisms.
    • Ensure both parties sign the contract, and ideally, have it notarized for added authenticity. Stamped paper is not mandatory for validity, but it strengthens the contract’s legal standing.

5. Key Clauses to Include in the Contract


  • Scope of Work: Detailed description of the work, materials to be used, and quality standards.

  • Payment Terms: Payment schedule linked to milestones, with final payment withheld until satisfactory completion.

  • Quality of Materials: Specify brands, grades, and sources of materials. Include a clause for replacement of defective materials.

  • Workmanship Warranty: Guarantee for a specified period after completion of work.

  • Dispute Resolution: Include a clause specifying how disputes will be resolved, e.g., through negotiation, arbitration, or litigation.

  • Penalties: Define penalties for delays, substandard materials, or defective workmanship.

6. Steps Before Starting the Job


  • Material Inspection: Insist on inspecting the materials before purchase or delivery.

  • Written Estimates: Obtain detailed cost estimates, including material costs and labor charges, from the contractor.

  • Independent Verification: Cross-check prices and authenticity of materials with the manufacturer or local dealers.

7. Filing a Consumer Complaint


  • Filing a Complaint:

    • Complaints can be filed in person, via post, or online at the National Consumer Helpline or state consumer forums.
    • Provide all necessary documents, including bills, contracts, photographs, and correspondence with the contractor or seller.


  • Do-It-Yourself or Lawyer: You can file the complaint yourself. However, hiring a lawyer may be beneficial for complex disputes or higher claims.

8. Procedure Under Consumer Protection Act, 2019


  • Step 1: Send a written notice to the contractor/seller detailing your grievance and seeking resolution.

  • Step 2: File a formal complaint if the issue is unresolved within the stipulated time.

  • Step 3: Submit the complaint with:

    • Your grievance details.
    • Evidence (bills, contracts, photographs).
    • Payment receipts.
    • Identity proof.


  • Step 4: Attend hearings and present your case before the commission.

By adhering to these steps and ensuring proper documentation, you can safeguard your interests and effectively address any issues that arise during the painting and waterproofing work. Let me know if you need further assistance with drafting the contract or filing a complaint!

Aman Verma
Advocate, Delhi
227 Answers

You can contest it yourself in consumer court but it’s advisable to appoint a lawyer.

you need to file a complain then it will be for WS if other party thereafter filing of evidence and later final arguments 

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

  1. purchase only from authorized dealer with valid receipt/cash memo.
  2. District Consumer Commission under Consumer Protection Act, 2019.
  3. purchase all material personally with contractor.
  4. if any defect is found in product or service, approach District Consumer Commission. Add supplier and contractor as parties to the complaint. District Consumer Commission will decide who should pay of compensation.
  5. take service from reputed interior decorator. Specify the exact design/colour/doctor with dimension of are/rooms on any white paper and of works contract with duration of completion of works.
  6. Any consumer can directly file complaint in District Consumer Commission but it is better to take service of lawyer to avoid any lapses in complaint.
  7. Valid receipts and a properly drafted agreement is sufficient to ensure you are not cheated.

Ravi Shinde
Advocate, Hyderabad
4426 Answers
42 Consultations

 

To ensure genuine materials, purchase from authorized dealers, check for batch numbers and tamper-proof seals, and retain bills for proof. Under the Consumer Protection Act, 2019, you can seek compensation for defective materials by approaching the Consumer Dispute Redressal Commission (CDRC) with proof of purchase. For defective materials supplied by the contractor, include a clause in the contract requiring genuine materials and proof of purchase, holding the contractor liable for breaches. Address workmanship issues under the same Act by filing a complaint with the CDRC. A contract should include clauses on quality standards, timelines, payment terms, and liability for defects. While stamping is not mandatory, it strengthens the contract’s legal validity. Complaints can be filed online or at the CDRC without needing a lawyer, though professional assistance is helpful. Before starting, verify materials, supervise delivery, and ensure a clear, written contract is signed.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

1. All branded items comes with guarantee against the manufacturing defects, you may make sure that if such a guarantee is found in he product of purchase

2. It is essential that you obtain a bill for the items purchased and then you can approach consumer distress redressal commission for compensation against the defects.

3. You demand the contractor to produce the bills or accept the liability ion case of any such defective material/service.

4. For claiming compensation against the defective service you must enter into a construction contract with conditions therein in order to gt proper remedy. 

T Kalaiselvan
Advocate, Vellore
87720 Answers
2356 Consultations

You enter into an agreement pertaining to the works you have engaged him for with the clauses for taking appropriate legal action against the contractor in case of any deficiency in service though consumer court or civil court

T Kalaiselvan
Advocate, Vellore
87720 Answers
2356 Consultations

The contract entered between you both may be reduced to writing in a non judicial stamp paper duly witnessed and notarised.

 

T Kalaiselvan
Advocate, Vellore
87720 Answers
2356 Consultations

If you want to get your grievances redressed through consumer commission you may either engage the services of an advocate to file the complaint as per procedures of law or you can file it online also if you are aware of the proper legal procedures to file this complaint.

T Kalaiselvan
Advocate, Vellore
87720 Answers
2356 Consultations

Send a notice to the service provider to inform them of the issue and your intention to take legal action. This can help settle the complaint without going to court.

If the service provider doesn't offer a remedy, you can file a formal complaint under the Consumer Protection Act.


You can file a complaint in person at the relevant district commission or online through the E-dakhil portal. 

 

Include the following details


The complaint should include:

 

The complainant's name, address, and description 

The opposite party's name, address, and description 

The time, place, and facts of the complaint 

Supporting documents, like bills, vouchers, or receipts 

The relief you're seeking 

Details of any guarantee or warranty 

Details of your efforts to resolve the complaint with the opposite party

T Kalaiselvan
Advocate, Vellore
87720 Answers
2356 Consultations

You may enter into a service contract for this purpose, include all those things that are of concern and make sure that the contractor acknowledges the conditions as stipulated in the contract and then you can initiate legal action for breach of contract conditions

T Kalaiselvan
Advocate, Vellore
87720 Answers
2356 Consultations

1. Ensuring Genuine Products

  • Verification:

    • Purchase materials directly from authorized dealers or distributors.
    • Verify the batch number, manufacturing date, and seal on products.
    • Request a product authenticity check from the manufacturer (contact customer support).

  • Receipts: Always collect bills/invoices for proof of purchase.

2. Compensation for Defective Material

  • Under Consumer Protection Act, 2019:

    • File a complaint against the manufacturer or dealer for defective goods.
    • Bills or proof of purchase are necessary for filing a claim.

  • Approach:

    • First, write to the company’s grievance cell.
    • If unresolved, file a complaint online via the National Consumer Helpline (NCH) or approach the local Consumer Forum.

3. Actions if Contractor Brings Defective Materials


  • Inspect Materials: Check the quality of materials delivered before use.

  • Reject & Replace: Ask the contractor to replace defective products immediately.

  • Proof of Agreement: Ensure the contractor provides bills for the purchased materials.

4. Issues with Workmanship


  • Compensation from Contractor:

    • You can claim compensation under the Consumer Protection Act, 2019, if the workmanship is defective or substandard.
    • Approach the local Consumer Forum for this.

5. Valid Contract with the Contractor

  • Contract Essentials:

    • Written agreement signed by both parties (stamped paper is recommended but not mandatory).
    • Include:

      • Detailed scope of work (materials, brand names, application process).
      • Quality standards for materials and workmanship.
      • Payment schedule and penalties for delays.
      • Warranty period for the work.
      • Resolution method for disputes.

  • Witnesses: Get signatures from witnesses for added legal validity.

6. Filing Complaints Under the Consumer Protection Act, 2019

  • Steps:

    1. File a complaint online at E-Daakhil Portal.
    2. Submit necessary documents (invoices, proof of defect).
    3. Attend hearings as required.

  • Representation: You can represent yourself; a lawyer is not mandatory.

7. Precautions Before Work Begins

  • Inspect materials before purchase (ask for bills and verify product details).
  • Include quality and payment clauses in the contract.
  • Cross-check the contractor’s credentials and reviews.
  • Ensure the contractor provides written acknowledgment of the agreed terms.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
529 Answers
1 Consultation

Not necessary to engage a lawyer . You can appear in person 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7884 Consultations

Engage a lawyer for drafting the complaint 

 

file it before consumer forum 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7884 Consultations

 

Insist on bills to be enclosed to the demand for  payment 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7884 Consultations

Dear Client,

The quality and authenticity of the painting materials are maintained by buying only from authorized dealers or retailers, checking product details such as batch numbers, holograms, and manufacturing dates. Bills must be insisted upon, and they are kept as proof of purchase. For compensation under the Consumer Protection Act, 2019, for defective materials, you can file a complaint with the company's grievance redressal forum or the Consumer Disputes Redressal Commission (District/State/National depending on claim value). Bills are generally required as proof. If the contractor supplies defective materials, include clauses in the contract making him liable for damages, replacement, and quality assurance. For deficient workmanship, you may also file for remuneration from the contractor by establishing a deficiency in the service under the same Act. Ensure your contract contains terms that include material brands, standards, timelines, payment schedules, penalties for non-compliance, and quality checks. It is desirable to have the contract on stamped paper and get registered for better enforceability. You may file a consumer complaint on the e-Daakhil portal as well or directly approach the district commissionHire an attorney if it is complex casealthough most matters can be handled privately with adequate paperworkPrior to commencing the workcheck and accept the materials, request bills, and see that the costs are itemized and that each party's liabilities are clear from the contract. This approach eliminates most fraud or shoddy work.

 

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

Dear sir 

Keep sufficient bills for services and if there is any defect in work undertaken , then you may file the case yourself and fight for justice before the District consumer forum . There is enough information and formats available online if you want to contest the case yourself .  

Harshita Shah
Advocate, Bangalore
37 Answers

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