Tiles mismatch? Asking for replacement is your right

Pushpa Girimaji

I wanted to change the flooring of my house and bought some boxes of an expensive branded floor tile with some light, abstract designs on them. However, after the laying the tiles, I noticed that some of them were of poor quality and did not even match the designs properly. The seller is, however, refusing to change them saying that I should have checked them before laying them. Do I have a right to demand a change?

Of course, you do have the right to replacement of defective tiles. In fact, in this case, you may not be able to remove just the defective ones unless they are all in a corner. So if you are not able to remove the defective ones without damaging the other tiles, the retailer has to replace all your tiles.

I do not agree with his argument that you should have checked them beforehand. If that was a requirement or a pre-condition to purchase, he should have told you that at the time of purchase. He cannot come up with such excuses now.

Besides, one does not expect expensive tiles of a reputed company to have defects. In fact, it is the responsibility of the manufacturer and the seller to check the product and make sure there are no defective tiles or pieces that are a mismatch in a box. The manufacturer should have done this before or at the time of packing the tiles. He obviously failed to fulfill this responsibility.

And if the seller was aware of the possibility of defective tiles in a box, he should have checked it before selling them to you. So the argument does not hold good and he has to change the tiles or pay you the cost of the tiles so that you can buy it elsewhere. Please remember that you are also incurring additional expenditure (labour and cost of materials) for removing and re-laying the new tiles now. In fact, the manufacturer and the seller (either or both of them) will also have to compensate you for that and for the inconvenience caused on account of such re-laying.

Please write to both of them, pointing out these factors. If they do not listen to reason, then you will have to sue them before the consumer court constituted under the Consumer Protection Act. Obviously, you will then be asking for compensation taking into consideration the financial loss and inconvenience and harassment caused to you as a result of the defective tiles. Meanwhile, I would suggest that you get an expert to examine the tiles and give his opinion in writing to support your claim. Or you can ask the court to appoint an expert for the job.

Can you give some tips for buying tiles?

Well, I am no expert on tiles. All I can say is that it is better to go with your architect or engineer while making the purchase. What kind of tiles you choose depends on the usage or the area where it is going to be laid and you need to discuss that with the retailer /manufacturer. You should also make sure that the tiles are of good or standard quality and are not seconds. You can also check about the slip-proof quality of the tiles, which is most important from the safety point of view. You should also make enquiries about their durability, life and whether they are resistant to scratches and discolouration.

I must also mention that most tiles have exaggerated maximum retail price marked on them. So you really need to bargain hard and check a couple of shops before making your purchase. And do not forget to collect the cash receipt.

Having said that, I must mention that some of the boxes of tiles specify a condition saying that you must check the tiles before fixing them and that once they are laid, they cannot be exchanged. I do think that this is a very unfair condition because it means that the manufacturer is shifting the responsibility of checking the quality on the consumer, which is not correct. Such a condition, which takes away the right of redress given to the consumer under the Consumer Protection Act, is unfair. Besides, it is not easy to put out all the tiles, examine them, put them back and then start the process of fixing them on the floor. Further, there are several instances of tiles showing up defects after being laid. So, this needs to be challenged by the consumers as an unfair term.