• Home Interior Work Not Getting Completed by Vendor

We have given the interior work for our new apartment to a Bangalore based firm. We have not signed any written agreement. The project started in October 2017. However they have executed only partially till date. They have promised initially that majority of work be done by April 25, 2018. That did not happen. Again they have given date of May 10. That also does not look possible. What can we do now. Please suggest.
Asked 4 years ago in Civil Law

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10 Answers

When there is no written agreement, you cannot approach the consumer forum/court for damages to the delay in project. Therefore, give a legal notice or a registered personal letter, or an email to them, by mentioning the cost of the project, time period and delay in the project by their fault. Further, mention that the work should be done in an extended period. Atleast it would help you to redress your grievance before the court for damages, if they again failed to complete the job within the extended period.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Hello,

Send a legal notice to them for completing the work on time and if they are unable to do so then seek refund from them.

Otherwise you can file a case against them before the consumer forum for the deficiency of services.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The terms of contract have to be reduced in writing

2) there is no documentary evidence that contractor agreed to complete work by April 2018

3) send an email to contractor that contract was awarded in 2017 and he had agreed to complete work by April 2918

4) however till date work is not completed . Request him to intimate on writing when work would be completed and then only balance payment would be made

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) If you have not entered into any legal agreement for this interior work. You must have given the payment by cheque or online transfer.

2) Secondly, you have mentioned that they had done partial work of interior. Try to tell them orally and get sorted out issue or stop further payment.

3) Ask them to provide flow plan of work with due period and make payments accordingly. Otherwise legal notice will be send warn them.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

Some documents you must have. Just create at least now stating all earlier lapses and future compliances. Then we can fix him for recovery with damages.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Have you already paid a substantial sum to the contractor for the work?

2. what percentage of work in your assessment is still pending?

3. are there any email correspondences or sms or whatsapp chat exchanged between you and the firm wherein the firm has promised various dates for completion of work?

4. have you assessed the track record of the firm from their other clients whose works the firm undertook and successfully completed?

5. are you out of your home right now or required to pay rent for alternate premises pending completion of the interior work?

6. based on the above, you may consider issuing a formal legal notice to the firm. But prior to that just have a plain curtsey letter smartly drafted through a lawyer so that you can ascertain whether the firm is giving you empty promises or is actually driven to complete your work. I am saying this because a legal notice may have a negative impact on your work and there would be bitterness between you and the firm which may spoil your interior work

7. so in all i suggest you shoot a curtsey letter for now and if by the next promised date, the firm still fails to deliver then you can consider legal action

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

See first of all are these dates given by some written mail, message ??

if not it will be difficult to prove other than if there is unreasonable delay.

What best you can do is serve them with a legal notice stating the promised date for completion of work and giving 15 days for completion along with maintaining quality if they fails to complete file an complaint before consumer court for deficiency of services and seek damages and compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In the absence of any written agreement entered between you and the firm, you cannot enforce the oral agreement.

If the payments have been made periodically and have proof for the payments made, you may issue a legal notice to the firm stating that as per the agreement, they were supposed to have completed the assignment on the date prescribed or before that, whereas they have not completed even half of the work, hence they are liable for the loss suffered fiscally as well as mentally, demand compensation for both.

But you give them another chance till 10th May and then initiate this legal process after which you can plan to drag them to consumer forum for deficiency of service.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. Per. Sec. 65A,65B Indian evidence act, Emails, mobile call records and whatsApp chats are permissible evidence in court. So, if you have anyone of the above proof that the vendor promised on the date of completion but actually vendor did not complete the work then it amounts to cheating and breach of trust.

2. So, You can initiate police compliant against vendor. But, i suggest you to send a legal notice to vendor demanding work completion.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

You can file Complaint before Consumer forum for deficiency of service.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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