Ernakulam Consumer Commission Orders Rs 17.83 Lakhs As Compensation To Malayalam Film Actor

The Commission thus ordered N S Marble Works to pay Rs 16, 58,641 as damages for poor fitting of tiles. It also ordered the opposite parties to jointly pay Rs 1,00,000 as compensation for causing monetary loss, hardship, unfair trade practices, mental agony and physical hardships. It also ordered opposite parties to pay Rs 25,000 as cost of proceedings jointly.

“In our observation, this case exemplifies the profound impact that consumer grievances can have on an individual's life. The complainant, a well-known cine artist, trusted the assurances of the opposite parties and made a significant investment in his dream home, Punjabi House. only to be met with poor workmanship and exploitation. The frustration and mental agony he endured while navigating the labyrinth of broken promises and unfulfilled commitments serve as a stark reminder of the vulnerability of consumers in the face of negligence. The 2nd opposite party demonstrated deficient service due to p0or workmanship and lack of expertise, leading to tile de-bonding. The wilful suppression of vital documents, including warranty information and other records of the tiles purchased by the consumer, by the 1st and 3rd opposite parties, constitutes a violation of the consumer's 'right to information, a fundamental statutory right We are therefore of the opinion that it is Our duty to ensure such injustices are curtailed and rectified, restoring faith in the consumer protection framework and affirming that the rights and dignity of individuals must always be upheld.”

In this case, Actor Harishree Ashokan purchased some tiles for Rs 2,75,000 for his 'Punjabi House' from the Peekya Tiles Centre (1^st opposite party-distributor) which was manufactured by Kerala AGL World (2^nd opposite party) on the assurance that the tiles were of international standard and quality that gives good finishing. The Peekya Tiles Centre recommended N S Marble Works (2^nd opposite party) for laying the tiles for Rs 1,00,000.

Actor Harishree Ashokan stated that he discovered that the tiles were not properly fitted, de-bonded, and exhibited cracks between them and he raised this issue with the N S Marble Works. Instead of rectifying defects, N S Marble Works stated that the tiles were showing misalignment due to its poor quality. The actor stated that even though he approached the distributor and manufacturer with the complaint, they failed to redress his grievances.

The actor thus approached the Consumer Commission and alleged deficiency of service, unfair trade practices and misrepresentation of tiles quality.

The Commission found that the manufacturer and distributor were responsible for unfair trade practices and service deficiencies, as they failed to address the defects in the tiles despite their promises. Additionally, the Commission found that they deliberately withheld important documents, including warranty information and quality test reports for the tiles. The Commission noted that denying the actor access to warranty and quality details violated his right to be informed under the Consumer Protection Act, constituting unfair trade practices.

The Commission found that N S Marble Works exhibited poor workmanship and lack of expertise holding it responsible for deficiency of service. It noted that the substandard tile installation was confirmed by the report of the Expert Commissioner, who assessed the laying and fitting of the tiles.

With these observations, the Commission ordered the opposite parties to pay damages and compensation to the actor for the deficiency in services. 

Case title: P K Ashokan v Peekay Tiles Centre

Case number: C. C. No. 209/2018

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