Cheated by Interior designer
5 months ago
I came into verbal agreement with my interior designer on June 2023 for interior works of three bedrooms, fully furnishing 2 bedrooms and only ceiling lighting and paints for 3rd room, they promised they will complete in 45 days, they gave me quotation of 11,9200/- till now I paid 10Lakhs by end of september, only 60% of the work is complete, they are not lifting my calls, and the things they promissed and work on site are not matching, as of today november end,first their excuse was material got stuck in mumbai due to Ganesh visarjan, next the excuse wase labour is not available due to Dasara deepavali, now they are not responding at all, every thing is half done and shabby work, how should I proceed, I know their office and I have contacted with their assistant person, got to know these guys are habbitual offenders, he is suggesting to get the work done outside, head ache from last four months.
1)There is no written agreement, every thing was verbal
2)while giving money payments I took their signature in a note book.
3) I have their quotation and whats app chats
any suggestion would be helpful.
Firstly, compile all the evidence you have, including the quotations, WhatsApp chats, and the notebook with signatures. Further, take pictures of the work done so far, noting any deficiencies or incomplete work. Engage a lawyer and send a legal notice, outlining the issues, delays, and discrepancies between promises and actual work, to the interior designer's office, mentioning your dissatisfaction and the steps you expect them to take to rectify the situation. If the designer fails to respond or refuses to address the issues, you can consider filing a complaint in the consumer court. Verbal agreements are legally valid, and the evidence you've gathered will support your case. As a last resort, you may need to pursue legal action through the civil courts. This could involve filing a suit for breach of contract seeking damages or specific performance (completion of the work as per the agreement).
In the given situation, serve a legal notice to the concerned Interior Designer at his office address by Registered Post, and after waiting for at least 15 days file a complaint against them before the Dist Consumer Commission under the Consumer Protection Act, 2019, claiming a hefty amount of compensation over alleged deficiency in service and unfair trade practice. Attach the documents/evidence available to you that supports your claim like, receipts of payment made against the above jobs, if the payments were made through Cheques or Drafts then Bank Statements for the period, copies of quotations, whats app chats (which is considered as electronic records) etc. The complaint should be filed within two years from the date of the cause of action. Reach out to an Advocate for guidance and steps.