I am a flat owner in Amrapali Village Society, Indirapuram (Ghaziabad) for more than 8 years. I am also a member of the Amrapali Village Residents Welfare Association (AVRWA). Every flat owner including me pay common area maintenance charges to the AVRWA every month and against which various common facilitates are provided from the collection of common fund of society. There is a managing committee of AVRWA to look after the affairs of the Society.
It is submitted that a tripartite agreement was held between the then Management Committee of AVRWA, M/s Colourplus and M/s Asian Paints for painting of external façade of all towers of the Society in September-October 2019. As per the agreement, time completion for work is mentioned as 6 months from start of the work and there is a Warranty clause wherein it has been mentioned that the vendor will maintain the painting if any defect is happened for 8 years.
It is submitted that the painting work of all towers of society which was started in September 2019 has not completed so far whereas AVRWA management committee has disbursed more than 95% payment to the vendor for painting work. Further, painting of some of the towers has got deteriorated and there have been many spots raised after painting. It appears that either the paintings are not done properly by the vendor or the quality of the paint used was not good. So far as the quality of paints, M/s Asian Paints claims that their paint is of supreme quality and it cannot vanish or deteriorate easily. Based on the claim, it can be assumed that the vendor has not used good quality paint of Asian Paints whereas it has been mentioned in the agreement that vendor will use a specific brand of Asian Paints for painting of all towers.
As such, there is a need to verify the fact as to whether the specific brand of paint has been used for painting of all towers by the vendor. Further, re-painting of all those towers wherein painting has got deteriorated, by good quality paint under the supervision of Asian Paints company and AVRWA may be ensured as per the warranty clause of the agreement. Also, penalty should be levied against the vendor for non completion of work within time as per the existing penalty clause in the Agreement and no payment may be done till completion of all the painting related works in Society.
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