• Cheated by interior designer

I hired an Interior Designer cum contractor by going through reviews from website. Trying to be careful, i got a written contract cum quotation. I made all my payments via netbanking. But the work was very shoddy and delayed. My work began on May 22 and was to be completed in 45 days. When the work didn't get completed and the house was in a mess, I asked him to make a refund. He agreed and gave me a post dated cheque on 23 sept for Oct 4. He took money from me but didn't even make payments to his labourers. Now the current situation is that he has vanished. He has vacated his home with his family. On contacting his bank, I came to know that that cheque also shall get dishonoured. I am in a fix. Now I am forced to get the work completed by me. He has taken all my money. On contacting people, every one is advising not to take legal action as only I will be under stress.
Asked 4 years ago in Civil Law

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

Hello,

You can first send a Legal notice to him.

Thereafter you can send a case against him for cheque bounce. Legal notice for cheque bounce has to be filed within 30 days from the date of dishonour and with next 15 days, from the date of delivery of notice the case has to be instituted.

Obviously to recover money you will have to take recourse of law.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello

Send a legal notice to his house although he is absconding. If you have an alternate address of his relatives or friends if should be sent there. Gen deposit the cheque and let it get dis honoured and then file a case under the negotiable instruments act wherein the court issues non available warrant against the accused.

Also file an fir against the people associated with him directly or indirectly whining your opinion may have benefited from him and you.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Going to the police will be of no help. That will just give them punishment and will not help you in getting back the money.

Take action as advised above.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Deposit the cheque ,get it bounced and file criminal complain, no stress, Poor advise by every one.

Once FIR filed, police bound to investigate and find him.

If police reluctant to file than file through court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

In my opinion you have a criminal case of fraud a bounced cheque and criminal breach of trust case. File a fir and a s 138 application for bounced cheque and you will get relief.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

file police complaint of cheating against designer under section 420 of IPC

2) you can also issue legal notice if cheque has been dishonoured on presentation

3) file complaint under section 138 Ni for dishonour of cheque

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

police would refuse to intervene and direct you to file complaint in magistrate court under section 138 Ni

2) you can file suit for damages against interior designer but it would take 15 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You can approach a local advocate to send a legal notice for deficiency in service on part of a contractor and also file a complaint in district consumer forum for the same based on his reply. Please intimate the local police for unruly behaviour of the contractor.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You have no information about his whereabouts as such you need to approach police and lodge a case of fraud and cheating if police refuse to register FIR approach jurisdiction magistrate by filing application under section 200 Crpc seeking direction to police to investigate the matter. If you get to know his address you can file a civil suit for recovery of money

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

It is better to go and file case against him on Consumer Court as you have written agreement. And also you can file cheque bounce case u/s 138 NI Act.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Please file an FIR immediately because your hard earned money has been looted and keeping silent will further ruin the matter and ask police department for speedy investigation.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You need to take a legal action, contrary to the popular public opinion that you have been getting.

First and foremost, send a legal notice to this absconding interior designer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

This is not a criminal case per se, but just since you want to, you can try approaching the Police.

Having said the above, I doubt Police will lodge a FIR in this matter.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The only approach you have is to go to the police and file a complaint against him for cheating and fraud and misrepresentation money let the police find out his whereabouts as where he was leaving the landlord may have his rent agreement with his previous address details now this is police work and let it be done by the police only

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir since the cheque will be bounce a notice of demand can be made and a complaint of 138 Negotiable instrument act can be filed against it. You won't be stressed he can be arrested if fails to appear before the court in the case of cheque bounce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See the most practical thing to do is file a NI a complaint and 420 ipc and 406 case of cheating and breach of trust case with police with some follow up they will help the persons property can be attached if declared absconder by court if fails to appear in case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since he has issued a cheque for refund of your money, you may deposit the cheque and get it bounced.

Issue a legal demand notice under NI act after which you initiate a cheque bounce case agaisnt him.

If he is absconding then you have to locate his address and serve the summons on him.

You may also file a consumer case against him for deficiency of service.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I was able to find the name, address and vehicle number used for fleeing the house. If i file an FIR, will the police help me. I need a practical answer as every one is stating that going to the police will be of no help. They will be least interested in helping me as its just a fraud case.

You have the following options before you:

1. File a cheque bounce case;

2. lodge a criminal complaint for cheating and breach of trust as well as for compensation under section 357 cr.p.c.;

3. file a case before the consumer forum for deficiency, recovery of money and other reliefs.

All the cases have its own pros and cons.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer