Premature failure of a painting job
I live in an apartment complex consisting 72 apartments and after 8 years the owner's welfare association decided to do long term maintenance including painting of external and interior common area. The contract was awarded to an MNC paint manufacturing company at Rs.23.80 lakhs. The first truck load of paint supplied was over three and a half year old. I saw the mfg date and reported to the office bearer's but they instructed the estate manager and security to unload and keep it. The enclosed pictures will show the poor quality of paint and bad surface preparation after the first season. Though me and other members requested the Office bearers of the Owner's welfare association to take up the matter with the MNC and the contractor they did not take any action for reasons known to them. I have been corresponding from the Zonal Manager to the Managing Director of this company. Though three "experts" visited and inspected the damage nothing was done. Now I have been threatened by the "Senior Counsel and Litigation Specialist-Asia Pacific" that they will take legal action against me at my own risk, and expenses. The latest elected Managing Committee have taken up the matter but the company refused to accept the responsibility stating that the interior is exposed to rain and other bad weather.They even accused the M.C that their letter signed by the Secretary and President as a "legal notice" and urged them to withdraw the letter.My question is whether I should approach the District Consumer redressal cell or a judicial court. We have not asked for any financial compensation or rework but asked them to explain the reasons as to why only the A Block interior is damaged and not the B Block which is just 20 meters away. The Zonal Manager who took the contract was transferred to their H.Q at Gurgaon and advised the new incumbent to ignore my mails and telephone calls and stated that I am a retired senior citizen who creates problems for "harmonious" living in this apartment complex.M.RamachandranBengalururamachandran.m@gmail.com+91 9449851708 more
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Consumer Forum is also other option open to you which is comparatively less time consuming and giving relief/less cumbersome. More advisable. Give second thought well before you proceed ahead. more
Dec 15
Glad to see the active and frequent participation of sudalai Mani P on various issues. He must be a social worker. Congratulations and good wishes to him and his tribe. On Saturday, October 3, 2015 4:10 PM, SUDALAI MANI PONNUSAMY wrote: more
Oct 03
Out of 72 members 31 members are attended the meeting may take a decision to abolish the existing body and elect the new body among the 31 members and do justice in your apartment or form a separate society for the 31 members. more
Oct 03
Thank you Hon:Judge Mr.Sankara Narayana Pillai. The matter was taken up in three Annual General body meetings and one Speical General body meeting. Out of the 72 members attendance are 21,27,31, and 24 at the SGBM. This included the 10 elected members who must be compulsorily present. The main office bearers kept changing places from President to Secretary and vise versa.But the Treasurer remained all through and the external auditor was replaced during the FY when the "long term maintenance" was done. Now with the new Managing Committee's permission I could inspect the files which as per the bye-law and found that there has been fraud committed with the help of the then Zonal Manager. (The zonal manager lost his job when I submitted proof to the Paint Company). With an annual income of Rs.69,12,000.00, the association is a rich cash cow. Most of the residents are working in IT or IT related industries and do not want to take up responsibilities or have "no time" or "travelling abroad" or just don't bother about the upkeep of the residential complex. The property value has appreciated over six times in 13 years and most of them are on the verge of moving in to bigger and better apartments. The apartment I bought for Rs.18.71 lakhs in 2003 is now valued over Rs.1.20 crores. Now you may get a fair idea how things are. I am no Anna Hazare, or Arvind Kejriwal, or all those "end corruption gang", but a technician who started working since 1962, changed jobs three times and it is my life saving that I put to buy this apartment. The meager interest I get on my Fixed Deposits are only my income as I do not get any pension. I can not keep quiet my hard earned money is being squandered for pleasure trips to Singapore, get their own apartment interior painted, and close their eyes so that the contractor can "mint" money. Sorry, your honor I do not expect any help or support from my co-residents. Anyway thank you for your advise. more
Oct 03
