Wrong work of painter
praveen
(Querist) 16 June 2012
This query is : Resolved
Sir/Madam
I hired a painter for doing WhiteWashing & Polish work in my HIG flat at the contact of Rs. 70000/- through a Paint & Hardware Shop in Rohini,Delhi.The owner of the shop signed on a simple paper containing the details of the polish & whitewashing work.I,even , made the payment to the painter through shop owner by taking sign of receiving on the paper.
The problem is that I hired the painter for PU glossy polish which is mentioned in the paper but the painter was not having knowledge of the pU Glossy Polish and did the wrong polish work.
As a result the polish work started cracking.
I mada a payment of Rs. 20000/- to the painter and purchased materials of Rs. 43000/-.This all go waste giving me a loss of Rs.63000/-.
Pl. guide me the ways to compensate my loss.
Can I go to Labour Court or Consumer Court to recover my loss.Pl. guide me in this regard.
With Regards
Parveen Singh
Mob. No. : 9891712080(Delhi)
adv. rajeev ( rajoo )
(Expert) 16 June 2012
Issue legal notice to the shop from whom you hired a painter demanding the compensation and repaint at their cost. If owner of the shop didn't respond you properly then file a consumer case.
Anirudh
(Expert) 16 June 2012
I notice that it has become a fashion of the day to suggest issuance of legal notice on the drop of the hat, so to say.
In the instant case, the lady does not have anything in hand in writing, except a plain paper in which the words "PU glossy polish" seems to have been written. Nothing more nothing less.
She has purchased and separately paid to the shop keeper the cost of the materials which she procured.
The painter applying the material has painted. So, who will be able to decide now, whether the material supplied was of substandard quality, or the walls on which the paints were applied was not suitable for such application, or the painter did a shoddy job?
It is not the case of the lady that the painter did not paint applying the material supplied by her. But the polish work started cracking!
In this scenario, how the shop owner will be responsible or the painter will be responsible.
Kiran Kumar
(Expert) 16 June 2012
I completely agree with Anirudh.
it will be absurd to send a legal notice, when the buyer has no proof to prove his case.
rather it may invite trouble to the buyer....these days labour people approach Labour Inspector or appointed authority for the harassment caused by the buyer.
so rather than going for a lis, better find out some other labourer for the said purpose.
ajay sethi
(Expert) 16 June 2012
agree with anirudh .
R.K Nanda
(Expert) 16 June 2012
Agree with Anirudh.
V R SHROFF
(Expert) 16 June 2012
Agreed with Anirudh & KK
u hired unskilled painter,w/o chk of his other jobs. Shop only provided material, mfg by paint co.
no chance.
mahendrakumar
(Expert) 17 June 2012
dear Anirudh,
very nicely put.
I feel,we should dissuade people from filing cases without valid and sustainable causes for the interest of all.
Sudhir Kumar, Advocate
(Expert) 17 June 2012
The shopekeeper has a strong defence that merely by introducing the paiter he doe snot become his employer. Further how much she hs paid the painter if the amount was substantial whether TDS was deducted. All these questions will emerge.
mnr Kiran Kumar was well appreciated taht it is better not to compell the paiter to invoke the opening of loud mouth of labour inspector who can explaint all the laws in five minutes.
