Kerala Consumer Court Awards Rs 17.83 Lakh to Actor Harisree Ashokan for Defective Tiles in His ‘Punjabi House’

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In a July 31 order, DCDRC President DB Binu, along with members Ramachandran V and Sreevidhia TN, highlighted the breach of trust experienced by Ashokan due to poor workmanship and exploitation. They emphasized that even prominent individuals like Ashokan can suffer from such negligence and broken promises.

KERALA: A district consumer court in Kerala has awarded Mollywood actor Harisree Ashokan Rs 17.83 lakhs in compensation due to defective tiles supplied for his home, ‘Punjabi House.’ This home is named after his role in the 1998 hit film ‘Punjabi House.’

The Ernakulam District Consumer Disputes Redressal Commission (DCDRC) found a clear deficiency in service by those responsible for laying the tiles, despite assurances that any defects would be addressed.

In a July 31 order, DCDRC President DB Binu, along with members Ramachandran V and Sreevidhia TN, highlighted the breach of trust experienced by Ashokan due to poor workmanship and exploitation. They emphasized that even prominent individuals like Ashokan can suffer from such negligence and broken promises.

“In our view, this case illustrates the significant effect consumer complaints can have on an individual’s life. The complainant, a famous cine artist, relied on the assurances of the opposing parties and invested heavily in his dream home, ‘Punjabi House,’ but encountered poor workmanship and exploitation. The frustration and mental distress he experienced while dealing with broken promises and unmet commitments highlight the vulnerability of consumers when faced with negligence,”

stated the consumer court ruling.

The court noted that the case exemplifies the significant impact consumer grievances can have on an individual’s life.

Ashokan had trusted the assurances of the opposite parties and made a substantial investment in his dream home, only to encounter poor workmanship and exploitation, leading to frustration and mental agony.

The forum also stressed the importance of a consumer’s right to be informed about product standards and service details to make well-informed decisions. It determined that Harisree Ashokan was deprived of this right due to the deliberate withholding of crucial information by the opposite parties.

“The intentional withholding of critical documents, such as warranty details and other records related to the tiles purchased by the consumer, by the 1st and 3rd opposite parties, breaches the consumer’s ‘right to information,’ a fundamental legal right. We believe it is our duty to address and rectify such injustices, thereby restoring confidence in the consumer protection system and ensuring that the rights and dignity of individuals are always protected,”

the forum stated.

Background

Ashokan had purchased 2,500 square feet of floor tiles from Peekay Tiles Centre, imported by Kerala AGL World, costing Rs 2.75 lakhs. The tiles were laid by NS Marble Works, supervised by its owner, KA Pius.

However, before construction was completed, the tiles began to fade, and gaps allowed water and soil to enter. After multiple failed attempts to resolve the issue with the suppliers and installers, Ashokan approached the consumer court.

The court rejected the defense’s claim that the complaint was not maintainable due to being filed four years after the purchase, noting that the warranty duration was not disclosed, thus not disadvantaging the consumer. It concluded that the damage was due to improper laying techniques by NS Marble Works, as indicated by an expert commissioner’s report.

The court emphasized a consumer’s right to be informed about product standards and service details. It found that Ashokan was denied this right as vital information was willfully suppressed by the opposite parties.

Consequently, NS Marble Works was ordered to pay Rs 16,58,641 for the losses incurred by Ashokan due to poor workmanship. Additionally, all opposite parties were directed to jointly pay Rs1 lakh as compensation and Rs 25,000 as costs of proceedings within one month.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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