Sir issue a legal notice to the designer to complete the work as promised in quality and time and further for the default pay the compensation amount.

Then after that if no steps taken by the designer then file a consumer complaint before the District consumer forum for deficiency of services, delay and ask compensation for bad quality of work and mental agony and delay.

You can file a criminal complaint against him a criminal breach of trust and cheating under section 406 and 420 of the Indian Penal Code, but chances that the police will register FIR against interior designer based on your version are very bleak.

This is a consumer case and consumer court can help you in getting the compensation you want from the interior designer, but that will take some time.

You can start by sending a legal notice to the interior designer stating your grievances and asking him to refund the entire amount as the work was not done as per contract. Also, intimate him to the legal notice that his contract has been terminated. After that, you can get the work done from some other designer as you and your family are suffering a lot due to the said act of interior designer.

After 15 days of the receipt of legal notice, if the interior designer fails to refund the entire amount, you can file consumer complaint against him.

Regards.

Hi, you can retain the balance amount , and can file a complaint in the consumer court , if the work was not as per the agreement ..

1) issue legal notice to complete work as per specifications in the contract

2) mention that electrical fittings , finishing is of poor quality and to rectify the same

3) if he refuses terminate the contract and file suit for damages to recover loss suffered by you

File a case of cheating on the fashion designer and also a consumer forum case alongside it will work wonders

1. It appears that no contract was executed between you and the interior designer, which is the biggest escape route for him as it will be next to impossible for you to prove that work was not good in quality and the material used was also bad in quality. Has there been a contract where it was spelled out what material is to be used and how the finishing is to be done it would have been easier for you to prove that he breached his contractual obligations.

2. If you go now to court to sue him for recovery of money or damages then you will end up wasting your time and money.

File consumer complain, best remedy to get compensate.

You first try to get the work completed by paying half the demanded amount, once you are in, you may get work inspected and assessed by another expert and qualified designer.

Then issue a legal notice demanding compensation for the sub standard work and also for the delay in completion beyond the agreed time.. After that you may drag him to consumer forum for relief and compensation.

Dear Sir,

Similar situation I dealt with and following is the Consumer Complaint. You may contact me online and get a draft.

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BEFORE THE PRINCIPAL DISTRICT CONSUMER REDRESSAL FORUM

AT BENGALURU

Consumer Complaint No. /2018

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTESTION ACT, 1986

The above referred Complainant humbly submits as under:

The Address of the Complaint and opposite Party are stated in the cause title above. The complaint could also served through their council, Sri. K.S. Rajesh Gowda – Advocate, No.4, Bengaluru Media Center, Ambedkar Veedhi, L.H. Behind Vidhana Soudha, Bengaluru – 560 001, Karnataka State (Ph: [deleted])

1. The Complainant submits that, himself and his family members including his father Mr. S.V. Ramana residing at the above furnished address by taking the same on monthly lease at the rate of Rs. 46,000. The said Apartment jointly belongs to Mrs. Swarna Latha G. Bhat, D/o U. Krishna Murthy Upadhyaya and Sri. U. Krishna Murthy, S/o Vyasaraya Upadhyaya. To evidence the same the complainant herewith produces lease agreement dated 15.08.2014, which is herewith produced as ANNEXURE – A1.

2. The Complainant further submits that, he purchased the Schedule Apartment No. B-1001, at Assetz Lumos Project, 20, Yeshwanthpur Industrial Suburb near RG Royal Hotel, Bengaluru – 560 022 (hereinafter called as Schedule Apartment). The Complainant further submits that, for the purpose of purchasing Schedule Apartment the complainant had taken home loan from HDFC for Rs. 1,10,11,999/- (Rupees One Crore Ten Lakhs Eleven Thousand Nine Hundred Ninety Nine only) at floating interest rate of Rs. 10.10%. To evidence the same the complainant herewith produces HDFC loan sanction letter dated 04.09.2014, which is herewith produced as ANNEXURE – A2.

3. The Complainant further submits that, opposite party No.2 being the Managing Director of opposite party No.1 approached the complainant offering services for Modular Kitchen and interiors and submitted quotation for a sum of Rs. 19,96,090/- (Rupees Nineteen Lakhs Ninety Six Thousand Ninety only) towards materials and labour and the said offer was made through e-mail dated 02.05.2017. The Complainant further submits that, it was categorically agreed between the complainant and opposite party No.2 the work should be completed within 3 months from the date of entering into agreement. The Complainant further submits that, since there were some more works to be done as such revised quotation was submitted on the same day that is 02.05.2017 by e-mail for Rs. 22,00,639/- (Rupees Twenty Two Lakhs Six Hundred Thirty Nine only). To evidence the same the complainant herewith produces the e-mail quotation dated 02.05.2017, which is herewith produced as ANNEXURE – A3.

4. The Complainant further submits that, since the complainant residing in a rented house on monthly lease of Rs. 46,000/- as such there was categorical agreement and the opposite party No.2 agreed to complete the job and hand over the Apartment within 3 months and the said discussions were reduced into writing by way of e-mail message dated 10.05.2017. To evidence the same the complainant herewith produces the e-mail agreement dated 10.05.2017, which is herewith produced as ANNEXURE – A4.

5. The Complainant further submits that, finally the above said quote with increased scope of work was accepted on 26.06.2017 by e-mail. To evidence the same the complainant herewith produces the e-mail final acceptance dated 26.06.2017, which is herewith produced as ANNEXURE – A5.

6. The Complainant further submits that, the complainant paid initial amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) by online transfer under Ref No. N[deleted] from HDFC Bank Account of the complainant towards starting the drawing work. The Schedule Apartment was got registered in the name of complainant on 24.08.2017. The Complainant further submits that, in the meanwhile, the scope of work has increased, involving additional expenditure and a revised quotation was sent by e-mail on 28.08.2017 by without altering the old date viz., 02.05.2017for Rs. 27,70,584/- (Rupees Twenty Seven Lakhs Seventy Thousand and Five Hundred and Eighty Four only), it was orally accepted. To evidence the same the complainant herewith produces the e-mail revised quotation dated 02.05.2017, which is herewith produced as ANNEXURE – A6.

7. The Complainant further submits that, it is necessary to state that the complainant raised improvement term loan of Rs. 30,00,000/- (Rupees Thirty Lakhs only) from HDFC Bank with a liability to pay monthly interest of Rs. 37,000/- to the bank. It was on 20.09.2017. To evidence the same the complainant herewith produces the HDFC improvement term loan sanction letter dated 20.09.2017, which is herewith produced as ANNEXURE – A7.

8. The Complainant further submits that, thus there was clear understanding between the complainant and opposite parties that assigned work to be attended and completed between the periods from 01.10.2017 to 01.01.2018. The Complainant further submits that, the complainant approved the drawing submitted by opposite parties were perused by the complainant and following amounts were online transferred from HDFC account of the complainant for the purpose of purchasing material and with a clear instruction to start the work from 01.10.2017 and with a further clear instruction to hand over the completed the Schedule Apartment on 01.01.2018 as per contract and subsequent commitments. Rs. 8,00,000/- (Rupees Eight Lakhs) was transferred through transfer Ref No. N[deleted] on 22.09.2017. Further an amount of Rs. 9,00,000 (Rupees Nine Lakhs) was transferred through Ref No. N[deleted]. It is pertinent to note that all the above stated amounts were transferred from the HDFC account of complainant to the cooperate account of opposite party No.1 and 2. The Complainant further submits that, in spite of repeated reminders and verbal assurances the work was inordinately delayed, while the complainant continued paying the rent for the alternative leased accommodation. The Complainant further submits that, on 24.01.2018, the father of complainant and the complainant had a meeting with Mr. Wajahat Ali Khan, Managing Director of Evomy Solutions Pvt. Ltd., (Opposite Party No.2) and expressed their dissatisfaction at not meeting the schedule. The Opposite Party No.2, apologized and assured that the opposite parties will speed up and handover the completed apartment by 28.02. 2018. The Complainant further submits that, to expedite work the opposite party No.2 requested for further payment of Rs. 3 lakhs which the complainant had transferred online on 04.02.2018. But the opposite parties failed to meet this target also. The Complainant further submits that, tired of false promises made by opposite party No.2, the complainant rang up on 30.03.2018 and asked opposite party No.2 to stop the work and threatened with legal action. The opposite party No.2 came to the place of complainant on 31.03.2018 and profusely apologized, gave excuse of not getting labour and asked for two weeks more unto 14.04.2018. The Complainant further submits that, to expedite matters, the complainant and his father along with opposite party No.2 went to the market to purchase Hafele Microwave Oven, Grill, and Hafele Dividers and other parts, which were outside the scope of the contract, required for modular kitchen, valued at Rs. 1,56,000/-. The opposite party No.2 said that he will get the material cheaper through his sources and asked for further payment of Rs. 1,54,000/-. This amount was paid to opposite parties on 04.04.2018. The Complainant further submits that, instead of buying the Hafele parts, the opposite party No.2 purchased Nagold Chimney, which was a part of the contract, and delivered it along with Hafele Microwave Over and Grill. The Complainant further submits that, thus the money sent by the complainant was misused by the opposite parties.

9. The Complainant further submits that, when the work completion was not in progress even on 12.04.2018 the father of the complainant sent a WattsApp message on the same day that is 12.04.2018 to opposite party No.2. In this message the father of the complainant reiterated the verbal claims for recovery of losses on account of rent paid for alternative accommodations, loss of income tax and interest paid to the bank. To evidence the same the complainant herewith produces the WhatsApp message dated 12.04.2018, which is herewith produced as ANNEXURE – A8.

10. The Complainant further submits that, on receipt of such WattsApp message, the opposite parties entrusted the said job to their Manager by name Mr. Lokesh Rao and instructed him to complete the work and requested for extension till 28.04.2018 which the complainant and his father once again agreed. This extension was confirmed by the father of the complainant vide e-mail message dated 14.04.2018. To evidence the same the complainant herewith produces the WhatsApp extension message dated 14.04.2018, which is herewith produced as ANNEXURE – A9.

11. The Complainant further submits that, since no progress was made even though extensions were made as such the father of the complainant sent an e-mail notice to opposite party No.2 terminating the contract and asking the opposite parties for remitting the excess payment, losses incurred towards rent for alternative accommodation, loss of income tax benefit, interest paid to bank on the advance payments to the opposite parties, likely expenditure for getting unfinished work done by a new party and damages for mental harassment due to delay in completing the work. To evidence the same the complainant herewith produces the WhatsApp termination message dated 29.04.2018, which is herewith produced as ANNEXURE – A10.

12. The Complainant further submits that, immediately the manager that is Mr. Lokesh Rao immediately call the complainant and requested for final extension till 10.05.2018. The Complainant further submits that, the complainant shown pity on Mr. Lokesh Rao who is an employee of opposite parties, agreed to extend the completion date till 10.05.2018. The Complainant further submits that, on 30.04.2018 Mr. Lokesh Rao the manager came with a new carpenter and assured that two new carpenters and wood painters will start the work from 02.05.2018. Further Mr. Lokesh Rao called the complainant on 02.05.2018 and stated that it is not advisable to go for wood painting as it was raining and monsoon season. Such advise was rejected by father of the complainant and accordingly sent a message on 02.05.2018. To evidence the same the complainant herewith produces the WhatsApp message dated 02.05.2018, which is herewith produced as ANNEXURE – A11.

13. The Complainant further submits that, the complainant asked his father through e-mail which was copied and sent to opposite party No.2 and also to the manager Mr. Lokesh Rao asking them to send any more reminders and the complainant also expressed his intention to initiate legal action after 10.05.2018. To evidence the same the complainant herewith produces the e-mail sent by the complainant to his father and others dated 04.05.2018, which is herewith produced as ANNEXURE – A12.

14. The Complainant further submits that, his sent e-mail on 04.05.2018 to opposite party No.1 to buy Hafele Kitchen Cabinet parts from the advance payment already made and also to supply and fit which opposite party No.1 failed to do and also to complete the kitchen work. To evidence the same the complainant herewith produces the e-mail sent by the father of the complainant to opposite party No.2 dated 04.05.2018, which is herewith produced as ANNEXURE – A13.

15. The Complainant further submits that, since the opposite parties not ready to complete the work as such father of the complainant took possession of the Schedule Apartment from opposite party No.2 on 10.05.2018 at 7 PM. The Complainant further submits that, he himself went to the Schedule Apartment and took stock of the condition of the Schedule Apartment. The Complainant further submits that, on 13.05.2018 he sent e-mail to opposite party No.2 giving details of work pending, pointing of defects in the work done, the damages to wooden flooring in master bedroom. The Complainant further submits that, in this mail the complainant further informed opposite party No.2 that all costs incurred for rectifying the defects, replace the damaged material and complete the unfinished work will be recovered from opposite party No.2. To evidence the same the complainant herewith produces the e-mail sent by complainant to the opposite party No.2 dated 13.05.2018, which is herewith produced as ANNEXURE – A14.

16. The Complainant further submits that, on verification of entry and exists registers of workers maintained by M/s. Assetz Lumos Security Personnel at the gate, the complainant found that no work was done in the Schedule Apartment by the opposite parties over a period of 92 days, the details of the same are chronologically mentioned in ANNEXURE – 15, which is herewith produced. This Annexure discloses total amount paid as Rs. 23,24,000/- (Rupees Twenty Three Lakhs Twenty Four Thousand only).

17. The Complainant further submits that, herewith produces HDFC bank statement disclosing payments made to opposite parties, it is herewith produced as ANNEXURE – 16.

18. The Complainant further submits that, due to the negligence of opposite parties the complainant was made to stay in his leased Apartment by paying monthly rents which are paid through HDFC Bank. Further the complainant paid EMI’s to HDFC Bank. A final statement is prepared by the complainant and produced herewith an ANNEXURE – A17.

19. The Complainant further submits that, due to the negligence of opposite parties the complainant incurred loss on account of 6 month rent paid towards alternative accommodation, also incurred loss on account of not getting IT benefit, further incurred loss due to interest paid to the HDFC Bank on the amount advanced to opposite parties. The same are stated in ANNEXURE – A18.

20. The Complainant further submits that, WattsApp messages were sent to opposite party No.2 and the manager Mr. Lokesh Rao which are herewith produced as ANNEXURE – A19.

21. The Complainant further submits that, in view of adamant conduct of opposite parties there was no other alternative for the complainant except revoking the contract. In this regard the complainant got issued a legal notice dated 19.06.2018 addressed to opposite party No.1 and 2 and also remaining directors of the opposite party No.1. The said legal notices were duly served on the Corporate Office that is opposite party No.1, opposite party No.2. A copy of the said legal notice dated 19.06.2018 is herewith produced as ANNEXURE – 20.

22. The Complainant further submits that, himself and his family members were put to mental harassment by the opposite parties having taken undue advantage of complainants leniency. The Complainant further submits that, the opposite parties deliberately neglected, delayed the work and misappropriate the advances paid and failed to hand over the possession of the Schedule Apartment within stipulated period. The Complainant further submits that, there is deficiency of service on the part of the opposite parties for which there are liable to pay a total sum of Rs. 18,07,000/- (Rupees Eighteen Lakhs and Seven Thousand only). The said claim is claimed under the following heads.

Sl.No Nature of claim Amount of claim

1 Loss incurred on account of rent paid for alternative accommodation for 6 months @ Rs. 46,000/- per month ( Rs. 46,000 x 6)

Rs. 2,76,000

2 Loss of Income Tax benefit on Home Loan Rs. 2,16,000

3 Refund of cost of materials not purchased Rs. 6,15,000

4 Expenses for replacing/rectifying the defective material, cost of materials and labour of completing the unfinished work

Rs. 2,00,000

5 Mental Harassment Rs. 5,00,000

TOTAL CLAIM

Rs. 18,07,000

(Rupees Eighteen Lakhs and Seven Thousand only)

CAUSE OF ACTION AND LIMITATION

23. The Complainant further submits that, the first cause of action arise when the opposite parties failed to complete the work within 3 months period that is 01.10.2017 to 01.01.2018. The subsequent causes of actions arose as and when the opposite party No.2 and his manager sought for extension of time for completion of the work. The recent cause of action arise on 19.06.2018 when legal notice was issued to the opposite parties and they failed to reply for the same and also not complied the same.

PECUNIARY AND TERRITORIAL JURISDICTION

24. The Complainant further submits that, the opposite parties maintaining their registered office within the territorial jurisdiction of the Hon’ble Forum, thus this Hon’ble Forum has territorial jurisdiction to try this complaint. Further the total pecuniary relief claimed by the complainant is only Rs. 18,07,000 (Rupees Eighteen Lakhs and Seven Thousand only) as such this Hon’ble Forum has got pecuniary jurisdiction to adjudicate this complaint.

PRAYER

25. It is therefore, respectfully prayed before this Hon’ble Forum that the opposite parties be jointly and severally directed to pay the following amount to the complaint..

1) Total amount claimed of Rs.18,07,000 (Rupees Eighteen Lakhs and Seven Thousand only) under several heads which includes Rs. 5,00,000/- (Rupees Five Lakhs only) towards mental harassment.

2) Cost of Proceedings of complaint.

3) Such other relief which is Hon’ble Forum deems fit and proper in the circumstances of the case, it is prayed accordingly.

Advocate for Complainant COMPLAINANT