Consumer forum orders Asian Paints Beautiful Home Services to pay Rs 1 lakh to Hyderabad resident

HYDERABAD: The District Consumer Redressal Forum ordered Asian Paints Beautiful Home Services to refund Rs 70,000 and Rs 20,000 compensation to a Hyderabad resident for deficiency in service and for causing mental agony and suffering.

R Ghansham (41) of HAL Colony at Old Bowenpally in Secunderabad contacted Asian Paints Beautiful Home Services for the beautification of his house after coming across the various advertisements in the media. Asian Paints Beautiful Home Services lured Ghansham to beautify his house as per his requirements.

Even though the said beautification would cost more by Asian Paints Beautiful Home Services as compared to the local people, Ghansham did not hesitate about the amount and contacted Asian Paints Beautiful Home Services in July 2021. Asian Paints Beautiful Home Services gave an estimation of Rs 28,00,788.58 and they also intimated the booking amount would be 15 percent of the contract amount.

Ghansham averred that after several meetings over the phone, Asian Paints Beautiful Home Services agreed to receive an amount of Rs 70,000, which was paid on August 12, 2021 online, and Asian Paints Beautiful Home Services sent a confirmation mail to Ghansham. In their confirmation email given, Asian Paints Beautiful Home Services gave complete details of the work schedule within six months from the booking. There, in Asian Paints Beautiful Home Services assured the completion as per their schedule.

In October 2021, Ghansham expressed his dissatisfaction with continuing the project due to delays in timelines than as promised. Later, on further discussions and commitments made by Asian Paints Beautiful Home Services, Ghansham decided to move forward and thought that there would be an improvement in the project and response. However, Ghansham could not see much progress as committed.

During his last site visit on January 8, 2022, Ghansham understood that work was still pending by Asian Paints Beautiful Home Services and had not come to the final stage, leading to more corrections and modifications. As per the confirmation mail given by Asian Paints Beautiful Home Services, it stated that for the design finalisation and material selection process they would take approximately 15-30 days.

Asian Paints Beautiful Home Services failed to do so even after 150 days from the date of receipt of the initial amount, though Ghansham and his family members were available at every point of time. Ghansham kept on reminding Asian Paints Beautiful Home Services about their other investments in home beautification and renovations that were dependent on the work completion of Asian Paints Beautiful Home Services along with other suppliers like lift manufacture, shed/roofing solutions/solar panel installation was also pending.

All the above-mentioned works were put on hold due to a delay from Asian Paints Beautiful Home Services to starting the work/project at site, which amounts to deficiency of service. Ghansham also finalised with roof solutions manufacturers (Casa Roofing Solutions) but got held up, as that activity was to be done along with water proofing works that was from Asian Paints Beautiful Home Services which never started.

Ghansham paid an amount of Rs 1 lakh in advance to the lift manufacturer (Nibav lifts) and decided to cancel the same as the work/site was not ready for them, which was again dependent on Asian Paints Beautiful Home Services. For the above-mentioned reason, Ghansham sent an email to Asian Paints Beautiful Home Services to cancel the project and initiate the full refund for the advance payment paid to them.

But to the utter surprise, Ghansham received an email from Asian Paints Beautiful Home Services stating that 'for cancellation of the project they will not refund the advance amount of Rs 70,000 as per terms and conditions of the contract," which was never discussed nor Asian Paints Beautiful Home Services sent to Ghansham. In his complaint, Ghansham also alleged that he was made to run from pillar to post to start the work but all the efforts went in vain.

Ghansham approached the Consumer forum as Asian Paints Beautiful Home Services failed to deliver the service even after receiving the advance payment, which amounts to deficiency of service. Responding to the allegations made by Ghansham, Asian Paints Beautiful Home Services said that designing works began at Ghansham's site and he was supposed to deposit 15 percent of the contract amount of Rs 4,20,118 out of total RS 28,00,788.58.

However, considering the situation of Ghansham and as a goodwill gesture, Asian Paints Beautiful Home Services allowed Ghansham to pay the booking amount of RS 70,000, which was less than the agreed amount. However, due to certain unavoidable circumstances, Asian Paints Beautiful Home Services could not complete work well before time and took more than expected time to complete.

The Court ruled that Asian Paints Beautiful Home Services was negligent and deficient in rendering proper service to Ghansham for causing mental agony. Hence, the Court ruled in favour of Ghansham and the Commission directed Asian Paints Beautiful Home Services to refund Rs 70,000 with 6 percent interest, Rs 20,000 as compensation to Ghansham for causing mental agony and suffering, and Rs 10,000 litigation costs to him.