Contractor should give in writing that he shall within period of 5 years repaint the area damaged by seepage from rain water 

It should be on his letter head signed by him and bear his stamp 

If he does  not do the work you have to sue the contractor 

You can only request the paint company to help resolve the dispute 

You can complain against contractor to paint company 

1. Ideally, the warranty should be a tripartite between the supplier of material and paint contractor on the  one hand and the   As the  supplier is not ready to joint, execute a proper warranty agreement with paint contractor.
2. Incorporate all details regarding the duration of warranty, the  material to be used, time within which  warranty should be executed.
3. Add clause for damages in case the contractor fails to carryout the  warranty during agreed period with exact amount of damages. A clause stating that in case the  contractor fails to execute the  work/warranty, you can get it done by any other party at and recover the  expenses with interest from contractor.
4. All the agreed terms are drafted in one instrument, there cannot be multiple instruments for different terms.

It should be in writing on his letter head signed and stamped. Email to that effect will also do

You can obtain a warranty from a painting contractor by checking the contract or contacting the contractor directly. 

Check what types of warranties are offered, such as labor, material, or comprehensive

Check the length of the warranty

Check what is covered and what is not covered.

As there is no agreement existing between you both, you may ask him to execute the warranty on a non judicial stamp paper  duly attested by witnesses or as notary public

Alternately you can insist the contractor to express the warranty against work, materials etc during the warranty period in writing through his letter pad, duly notarised or attested by an independent witness.

The warranty certificate duly written in his letter pad with his signature and witness will be sufficient to sue the contractor in case of deficiency in service or breach of warranty conditions. 

The paint company cannot interfere with the dispute due to the contractor's  deficiency in service or misconduct or breach of warranty conditions.

The paint company's suggestion is not mandatory against you to accept this contractor's service.

Paint company will not undertake the responsibility or liability

No, the paint company cannot be liable for the acts of the contractor.

The paint company will not entertain your requests as the contractor is not working under them.

To ensure that the warranty provided by the contractor is legally enforceable in a consumer court, you should ensure the following:

1. Warranty Certificate Essentials

The warranty certificate should be in writing and must contain the following details:

• 
  Issued on the contractor’s letterhead with complete business details (name, address, and contact information).
• 
  Clearly defined warranty terms, specifying:

  • The exact scope of coverage (e.g., free material and service for seepage issues).
  • Any exclusions or limitations.
  • The duration (five years).
  • The mode of claiming service (e.g., written complaint, email, phone call).

• 
  Signature of the authorised person (contractor or sole proprietor).
• 
  Date of issuance and stamp of the firm.
• 
  Reference to the original work order/contract, if any.

2. Additional Documentation for Enforceability

Apart from the warranty certificate, you should:

• Get a written acknowledgment of receipt of the first instalment from the contractor.
• Maintain proof of payment (bank transfer, cheque, or receipt).
• Keep photographic evidence of the work done at different stages.
• If possible, obtain a work order or service agreement stating the warranty terms explicitly.

3. Liability of the Paint Company

• Since the warranty is issued by the contractor’s firm, the paint company is not automatically liable.
• However, since the contractor is an authorised applicator recommended by the paint company, you may:

  • Approach the paint company for mediation or arbitration if they have a policy for dispute resolution.
  • If the contractor becomes untraceable, you can argue that the paint company has a moral and professional obligation to assist, but their legal liability depends on their terms of engagement with the contractor.

4. Legal Recourse if the Contractor Fails to Honour the Warranty

• If the contractor refuses to provide service under warranty, you can file a complaint in the Consumer Commission (formerly Consumer Forum) for deficiency of service.
• 
  Supporting documents such as the warranty certificate, proof of payment, photographs, and communication history will strengthen your case.

5. Final Recommendation

Since the contractor refused to sign a formal contract, insist on at least a signed warranty certificate on official letterhead with a stamp. If possible, get an email confirmation or WhatsApp message acknowledging the warranty. This will help establish enforceability in case of a dispute.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

- You should enter into a contract with the said company , and in the absence of an agreement the said company will not bound for the terms of the guarantee period. 

-  However , if the warrantee of the company having the clause of maintenance for 5 years then this card must be stamped and signed by the paint company. 

- Otherwise you cannot approach the Consumer Forum in the absence of any contract.