Man claims algae on newly painted home walls, wins Rs 55,000 payout

5 min readNew DelhiJun 24, 2026 01:30 PM IST

Asian Paints contended that the paint supplied to the complainant was not Apex Ultima, and that there may have already been be cracks in the wall at the time of painting. (AI-generated image)

The Kerala State Consumer Commission has upheld a district forum’s order directing Asian Paints and its dealer to pay a consumer Rs 55,000 for repainting and compensation after algae and fungi appeared on his newly painted exterior walls.

A bench of president B Sudheendra held that the company, Asian Paints, and the dealer, Sreelakshmi Paints, were clearly deficient in service, and found no reason to interfere with the district commission’s order.

“District Commission ordered only an amount of Rs 50,000/-, which cannot be said to be arbitrary, disproportionate or excessive, warranting interference by this Commission. The compensation and costs ordered by the District Commission also do not appear to be excessive, warranting interference by this Commission,” the June 16 order noted.

In 2011, the complainant allegedly carried out the painting work of the exterior portion of his house using paint manufactured by Asian Paints Ltd. He had purchased the said paint from the dealer Sreelakshmi Paints after seeing an advertisement that no fungi or algae would affect the wall of the house if it is painted with Asian Paints.

The complainant painted the exterior portion of his house using Apex Ultima manufactured by the company, and spent Rs 50,000 as labour charges, but two months after the painting was complete, monsoon hit the region in June 2012. He then noticed that algae and fungi started appearing on the exterior portion of the newly painted surface of the house.

He immediately contacted Sreelakshmi Paints and reached out to Asian Paints, but received no relief even as the algae and fungi spread over a large area of the exterior portion of the house. Consequently, the house developed a shabby appearance.

Even though the complainant had sent a legal notice, neither was it replied to by the opposite parties nor did they take any step to redress the grievances of the complainant, and in the said circumstances, the complainant filed the complaint alleging deficiency in service and unfair trade practice against the opposite parties.

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Skilled labour not used: Asian Paints

Asian Paints filed a joint written version contending that the paint supplied to the complainant was not Apex Ultima, and contended that there may have been be cracks in the wall at the time of painting it, due to which the fungi grew.

The company contended that the complainant did not employ skilled labourers for the painting work, which also could be a reason for the growth of fungi, as only two layers of paint were visibly observed during the site inspection by an Asian Paints representative, and the third coating was missing. It argued that Asian Paints only supplies standard quality paints with ISI specification, and no warranty for five years as contended in the complaint.

After evaluating the evidence, the district commission directed the opposite parties to pay Rs 50,000 towards the cost of repainting as assessed by the commissioner, and they were also directed to pay Rs 5,000 as compensation and costs to the complainant.

Commission’s findings

The argument that the algae and fungi appeared as the painting was done by unskilled labourers over the cracks on the walls was devoid of merits, the state commission found.

The evidence shows that the fungi and algae appeared within a short period after completing the painting and that the opposite parties did not rectify the defects despite repeated requests.

Therefore, there was deficiency in service on the part of the opposite parties.

Consequently, the district commission’s finding that service was deficient is perfectly justified.

The complainant contended that he had to spend Rs 1 lakh to effect the repainting of the walls, but the district forum ordered only Rs 50,000, which cannot be said to be arbitrary, disproportionate, or excessive, warranting interference by this commission.

Consumer takeaway

The ruling underscores that a consumer cannot be deprived of their right to claim when they have produced all the documents in favour of their case, and that a company, in this case Asian Paints, cannot evade their responsibility by blaming the unskilled labour, cracks on the wall, for their paints not working effectively as promised.

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It highlights that a company, when proved deficient in part of their service, has to compensate the consumer with whatever deemed necessary by the consumer court.

Aggrieved consumers may contact the consumer helpline in their respective states (Kerala helpline: 1800-425-1550 ) or call the National Consumer Helpline at 1915 for assistance.

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Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.

She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.

Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.

Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

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