Manufacturers must take issue of colour quality seriously

Last fortnight, a reader sent me a tag that accompanied a pair of pink pants that she had bought online. While the first line of the tag made her happy, the second got her worried. “This garment has undergone exclusive dyeing and finishing to ensure that each piece is unique,” said the tag. However, the next line said: “The colour may fade after a few washes, enhancing the vintage look.”

Obviously, the manufacturer was making a virtue of the fact that the colour of the trousers was not stable by claiming that the fading ‘further enhanced its vintage look’. First, the garment was new and not a vintage garment. Nor was it of a vintage design and style that required fading of the colour to enhance its look. More importantly, the customer had chosen it for its colour and any degradation in that colour was not acceptable to her.

I told her it was best to return it and not waste money on it. I also told her that she must tell the e-commerce site, from where she bought the pair, that the information on the tag ought to be displayed, along with the pants, so that a consumer can decide whether or not to buy a pair whose colour would fade after a few washes.

Interestingly, this was the very point made by a Consumer Disputes Redressal Commission in Bengaluru recently, on a complaint pertaining to fading of a pair of jeans. The consumer’s case was that he had purchased a pair of Van Heusen blue denim jeans costing Rs 4,499 and after five or six washes in three months, the colour of the jeans had faded. However, when he complained, the manufacturer said the indigo dye used in the garment had a natural tendency to lose colour gradually and fade after every wash, and this was not a defect.

That may be so, but the manufacturer cannot assume that every consumer who buys the jeans knows that. Besides, some consumers may like the faded look, but some may not. So, the label should inform the consumer about the fading nature of the colour to enable the consumer to make an informed choice.

The consumer court in this case held that the failure of the manufacturer to disclose the fading nature of the dye used in the product constituted an unfair trade practice. In addition, failure to resolve the consumer complaint amounted to deficiency in service. The Commission therefore asked the manufacturer to refund the cost of the jeans and pay a compensation of Rs 1,000 to the consumer. The case was decided ex-parte because the manufacturer did not respond to the notice (Hariharan Babu AK vs Aditya Birla Fashion and Retail Ltd, date of order: February 5, 2024).

The Consumer Protection Act defines a defect as ‘any fault, imperfection or shortcoming in the quality’. Thus, any flaw in the colour fastness makes the product defective. The consumer who is sold such a defective garment or fabric is entitled to not just a refund, but also compensation commensurate with the agony and distress suffered because of such poor colour quality.

One of the earliest cases that came up before the consumer court on this issue was about a bright colour of a silk saree border streaking onto the body of the saree and discolouring it, when the wearer got caught in rain! Imagine turning up at a party in a discoloured saree! Since then, there have been many complaints of sarees losing their original colour after the first wash.

In the Vijayamma G vs SM Silks and Sarees case, decided on June 30, 2017, for example, the District Consumer Commission asked the store to refund the cost of the saree and pay a compensation of Rs 3,500 and costs of Rs 1,500. This case was also decided ex-parte. The complainant had purchased a cotton saree for Rs 998 and stitched the blouse piece, too, that came with it. However, the very first wash exposed the poor colour quality of the fabric.

When we buy clothes, colour is a crucial element in determining our choice. It is therefore imperative that the fabrics retain their original colour. In fact, one of the critical parameters of the quality of a fabric is its colour stability because however good the fabric, if the colour bleeds, then the clothes will not be fit to be worn.

So, it’s time manufacturers took the issue of colour quality more seriously and ensured that fabrics and garments retained their original colour. In case of a defect, it is also obligatory on the part of the retailer to refund the cost to the consumer.