Observing that it had overlooked its consumer’s grievances, a consumer commission in Bandra ordered Urban Clap, now Urban Company, to repay approximately Rs. 33,000 with interest for a paint job at an apartment in Bhandup after the paint started peeling within a month of the job.
Prakash Dahatonde, a resident of Bhandup, had approached the commission in December last year. He had complained that the paint job had taken place in March 2021 and within a month the paint had started to peel and lines had started to appear on the walls as if the walls had cracks. He said he registered his complaint with the firm in May. He came back and informed him that the issues with the paint job are not covered by his warranty. Dahatonde said he asked for the details of the warrant, but received none. Prior to the commission, he claimed reimbursement of the amount with interest as well as approximately Rs. 85,000 for court costs.
The commission noted that the company did not respond to its opinion and did not appear before it and therefore adopted an ex parte order.
Commission Chairman RG Wankhede and Member SV Kalal said in the order that Urban Clap was expected to pay attention to the grievance and resolve it, as the grievor was their client. He said the company neglected his complaint and failed to provide him with warranty-related documents or clarifications.
Overall, the company overlooked the fact that the complainant is its consumer and considered it to be a failure of service and an unfair commercial practice within the meaning of the Consumer Protection Act . “When the plaintiff paid Rs. 33,000 for the painting work, it was necessary for the opposing party to specify the quality and durability of the work,” he said. The commission also noted that the opposing party had failed to address the issues related to the paint job. He said the consumer had full rights to seek the refund of the amount and since no redress was made to the issues, it was normal for them to feel grief over the situation and approach it as a last resort.
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