I want to file a case against Longitude Interiors, Bangalore for the following reasons: 1. I hired Longitude Interiors for complete home interiors solution (Design and Execution) 2. The quotation for the complete service was finalized @ INR 18 Lacs (All inclusive) 3. Longitude interiors introduced me to Hope Decor (Longitudes execution partner) and suggested, coordinated and executed an agreement between me and Hope Decor for executing the home interiors work as per the designs finalized between me and Longitude interiors 4. In the agreement it was mentioned that Longitude will do a weekly inspection and ensure the work is done as per the designs approved between longitude interiors and me 5. I paid Longitude Interiors an advance amount of INR 7.50 Lacs (1,50,000 and 6,00,000) during the month of October 2016 6. Hope decor started the work immediately and completed most of the work. But some of the pending work Hope Decor says it's not in his scope (example - wall paper, glass fitting in the crocery unit,etc.,) 7. During the course I raised concerns of work done is not as per the design and materials I selected 8. Till date I have paid total amount of INR 14,50,000 but the project is still completed and handed over (Sofa, Center Table, Side Table, Dining Table, are still pending) 9. Longitude interiors is not responding either to my call and e mails
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1) it is necessary to peruse terms of contract entered by you with longitude interiors to advice
2)the scope of work must have been specified in contract
3) if they have failed to complete work as per specifications specified in contract issue legal notice to contractor to complete the work
4) if he fails to do so sue the contractor for damages suffered by you
If you had any grievance with respect to the work not being done in accordance with the design and materials selected by you the same should have been articulated in writing through a lawyer's notice. Now issue a lawyer's notice to the company to complete the project and deliver it to you. If this also turns to be an exercise in futility then move the civil court through a suit for recovery of money and damages on account of breach of contract.
Longitude Interiors played very smart. They executed the agreement between me and Hope Decor. Hope Decor was cooperative and did their piece of work. Hope Decor states that they have done the work as per the drawing and material specification provided by Longitude Interiors. Hope Decor is co-operative till date and he say his scope of work is completed. Please advise should I file a complaint in the Police first? or Look for a lawyer?
1)better consult a local lawyer
2) only after perusing terms and conditions of contract would he advice you whether it is advisable to go in for litigation
3) you cannot sue hope decor as work has been completed as per the specifications
4) litigation is an expensive proposition and takes years to be disposed of
Police Complaint is not made out as the dispute is entirely civil in nature. So adopt your remedies before the civil court.
If you are not satisfied with the quality of work and still consider it as substandard especially in the light of the agreed conditions of the contract you may issue a legal notice to the original contractor raising concern over the irregularities observed and instruct him to rectify the issues that are causing concern and disturbing mental peace.
If there is no response or the contractor not responding properly you may drag the original contractor to the consumer court as main respondent and the subcontractor as a second respondent seeking relief for all those defective woks done and also for compensation to the mental strain they have caused.
Police may not be of any help in this civil mater.As you have paid the payment to the original contractor,you can hold him responsible for this defect and make him answer to your problems, or else you may drag him to the court of law seeking remedies against him.
You may consult a local advocate and proceed as per the provisions of law in this regard.