Complaint on building painting quality in aparments

Querist : Anonymous (Querist) 10 February 2023 This query is : Resolved
Dear Peers,
Good Evening

We are facing an issue on the painting quality of the building in our newly built apartments. The painting quality noted as not up to the minimum standard with ref. to the visual appearance, we feel.
Whether we could file a complaint in consumer forum or court ? Whether we will able to get support from the legal authorities against the contractor malpractices if anything done?
How we could make this since we are 40 flat owners in total but presently less than 50% of them are taken the possession and started stay in the same.
Please advise us whether we could make such complaint as mentioned above if so what are the procedures, in general? And what are the obstacles we may face here on this regard.

Anticipating your response please.

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kavksatyanarayana (Expert) 10 February 2023
Complain to the RERA. If necessary, file a case against the builder for deficiency in paintings in the Forum by consulting a local lawyer.

Advocate Bhartesh goyal (Expert) 11 February 2023
Yes, it's deficiency in services of builder for which you can knock the doors of Consumer Commission having jurisdiction.

Dr J C Vashista (Expert) 11 February 2023
I fully agree and appreciate the opinion and advise of experts Sh. Kavksatyanarayana and Sh. Bhartesh Goyal. You should move to jurisdictional Consumer Disputes Redressal Commission through a local prudent lawyer.
However, RERA do not have jurisdiction on the subject of deficiency in quality of "painting" services of the contractor awarded the work.

Querist : Anonymous (Querist) 13 February 2023
Thank you very much for all of your quick responses. And I have been noted the same.
There are some points to be noted in this matter is:
We do not have any data /info about the painting Activities other than some verbal information we got from the painters / supervisors. I mean no documentats provided by the builder. They have been dealt with a local painting contractor directly through a paint material dealer to paint the entire interior and exterior walls of the building.
We are not sure they will cooperate with us to provide with those data including products technical info and application instructions.

Whether we need to liaise with Paint Manufacturer prior to register any complaint.
Thank you Peers
Regards

Dr J C Vashista (Expert) 14 February 2023
Your complaint is against the material used by the painter or service of the contractor ?

Querist : Anonymous (Querist) 14 February 2023
Respected Vashista Sir,
In this this matter, am also have some doubts to be clarified.
We all are the buyers, directly bought the flats from the builder and got possession in 2022 August/September onwards. Since such issues noticed and due to some pending activities that builder to be completed, we the owners not yet formed an owners association. We have a feeling that once its formed, all the responsibilities will fall on the owners heads and the builder will slowly slipped away. For the tomebeing we formed a committee of eight to ten members to follow-up the issues at present.

Now regarding the painting issue, since all these activities including painting have been done by the builder only - either with his workers or through his contractors. So we feel that the builder is the person we should bother and complaint should be done against him. But question is whether we should make the involvement of the Paint Manufacturer (it's one of the top three big companies in india) - since we don't aware whether the appearance of painting is due a Product Quality issue or the applicators issue. Whether we should bother this matter or regardless of the responsibility I mentioned on both, we could go ahead against the builder only who is the ultimate responsible person to whom we have been paid the amount as the only seller (with reference to the property deed also).

Sorry for the length of this reply but I wish to explain it but clearly to you.
Thanking you
Regards
kvg

P. Venu (Expert) 14 February 2023
The issue involved is highly for which any meaningful adjudication requires that expert opinion be provided by the complainant, whether it is a civil action or a quasi-judicial forum. You may contact a competent architect or civil engineers who have proven and recognized competence in this special field.

Dr J C Vashista (Expert) 15 February 2023
Manufacturer of paint has no role to play in painting work conducted by builder or his contractor(s), hence there is no point in impleading the manufacturer of paint when you (or the committee) have no complaint qua quality of paint used / material applied by builder /his contractor(s).