Defective Paint Supply: Baramulla Consumer Commission Holds Indigo Paints Liable

The District Consumer Disputes Redressal Commission, Baramulla/Bandipora, Jammu & Kashmir, comprising President Peerzada Qousar Hussain and Member Ms. Nyla Yaseen, held M/S Indigo Paints Limited liable for supplying defective paint products to a local trader. The Commission observed that a small shopkeeper purchasing goods exclusively for earning livelihood through self-employment would fall within the definition of “consumer” under the Consumer Protection Act, 2019, despite the transaction having a commercial element.FactsThe complainant, proprietor of Muzamil Traders, had been dealing in paints and allied products for several years. He purchased paint products worth around ₹9 lakh from M/S Indigo Paints Limited through its regional managers and sales representatives. According to the complainant, after the products were sold and used, customers started raising complaints regarding the quality and standards of the paint products.The complainant approached the company regarding the defects and alleged that one of its representatives, Kafeel Khan, visited the shop and assured resolution of the issue. However, no effective steps were taken to replace the defective stock. Consequently, the complainant withheld payments of ₹1,35,000 and approached the Commission alleging unfair trade practice and deficiency in service, claiming losses caused by defective products worth approximately ₹10 lakh.Contentions Of Indigo PaintsIndigo Paints argued that the transaction was purely commercial in nature and therefore the complainant did not fall within the definition of “consumer” under the Consumer Protection Act, 2019. The company submitted that the complainant was engaged in business activity and had purchased products on credit.It further contended that its products undergo stringent quality checks and that no similar complaints or valid warranty claims had previously been received. The company also argued that defects in paint products could arise due to improper precautions during application or workmanship issues and therefore it could not be held liable.Observations And DecisionRegarding maintainability, the Commission observed that under Section 2(7) of the Consumer Protection Act, 2019, “commercial purpose” does not include goods bought and used exclusively for earning livelihood through self-employment. Since the complainant was a small shopkeeper carrying on business on a limited scale to earn his livelihood, the Commission held that he would fall within the ambit of “consumer” under the Act.On merits, the Commission noted that the complainant had produced invoices, photographs showing defective paint application, and details of customer grievances. In contrast, the opposite parties failed to produce any plausible evidence or expert opinion establishing that the products were free from defects or that the defects arose due to improper usage.The Commission observed that the standard of proof in consumer proceedings is based on preponderance of probabilities and held that the evidence adduced by the complainant sufficiently established that the products supplied were defective in nature.Allowing the complaint, the Commission directed Indigo Paints Limited to replace the unused products with products of the same quality and standard or alternatively refund the cost of the unused products along with interest at the rate of 10% per annum from the date of purchase till realization. The company was further directed to pay ₹1,35,000 towards the cost of defective goods and ₹3 lakh as compensation for loss of goodwill and mental agony.The Commission ordered that the amount be paid within 30 days from the date of the order, failing which the awarded amount would carry interest at the rate of 9% per annum till realization.Case Title: Muzamil Traders v. M/S Indigo Paints LimitedCase No.: Consumer Complaint No. 12/2025Click Here To Read/Download Order

Defective Paint Supply: Baramulla Consumer Commission Holds Indigo Paints Liable

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Defective Paint Supply: Baramulla Consumer Commission Holds Indigo Paints Liable

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