• Fraud by Interior designer

I hired an interior designer on the basis of my cousins recommendation for carrying out works in my flat. As I work on ship and my wife is alone at home with two kids, we completely trusted them in execution of all the jobs that are being carried out in my flat.
They charged around 23 lakhs for wood work , Italian marble fixing and polishing, tiles laying and some other miscellaneous jobs.

After I checked into my new flat a month ago, it was really shocking to find that the quality of wood that had been used in my flat was of highly inferior quality, hardware is totally damaged and on the whole the quality of work is found to be highly substandard. 

After getting the assessment done by another 4 interior designers in my place, the value of the total works was not exceeding 12 to 14 lakhs at any cost. 

Apart from this, I am more worried about the poor quality of wood that has been used in my entire flat. Interior designer is refusing to give any bills for any of the items that were purchased in my flat.

Can you please advise how this firm can be punished so that no other clients can get cheated the way I was cheated.
Asked 7 years ago in Civil Law

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5 Answers

1) did your enter into any written agreement with the interior designer?

2) did it mention quality of wood to be used in the interiors ?

3) for instance did it mention only marine plywood was to be used for the cupboards?

4)contract should always have contained a clause that interior designer shall furnish the bills for the materials purchased by him

5) was there any arbitration clause in the contract?

6)if so you can invoke the arbitration clause in the contract for resolution of disputes

7) claim damages for sub standard work done by the deisgner

8) if there is no arbitration clause then you have file suit for damages

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1) obtain a expert opinion in writing regarding poor quality of work done

2) then issue her legal notice to rectify the defects

3) if she refuses to do so file suit for damages and claim the loss suffered by you

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1. It is most unwise to hire an interior designer without entering into an agreement. Have you paid the amount to the interior designer? If yes, how was the remittance made? Since the agreement was not made there is no yardstick to judge what is sub-standard.

2. If the amount has been paid then the only remedy for you is to file a civil suit for recovery against him, but it will involve payment of court fee and will be a long drawn battle. Furthermore, the designer will deny having received the amount from you if you paid in cash.

3. If, however, the amount has not been paid in entirety then do not release the amount and bring her down to her knees.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Apart from this, I am more worried about the poor quality of wood that has been used in my entire flat. Interior designer is refusing to give any bills for any of the items that were purchased in my flat.

Can you please advise how this firm can be punished so that no other clients can get cheated the way I was cheated.

After having obtained the experts' opinion to the work completed, you may first issue a legal notice to the contractor about this and can claim return of money and compensation towards the difference in the work completed to that of the contract agreement.

You can drag him to the consumer court agaisnt him seeking necessary payment and compensation.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

It has been 01 month since I checked into my new flat. All the carpentry jobs , tiling jobs, painting jobs were found to be disastrous. Hinges were found rusted. Wooden planks inside wardrobes are bent. Laminates found swollen. Child beds were found bent. All the hydraulic lifters are found broken. Made a total mess in my flat.

You should not delay in filing the necessary case agaisnt the contractor because as you delay they may disclaim the same by throwing the allegations on you for having damaged it after occupying the property.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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