• Interior Designer not completing the work and aksing more money

I have hired an interior designer. He provided a quote of 3.59 lakhs and I have paid 90% of the money - 3.26 lakhs - by 11th of June. But as on 17/7, he still has not completed 40% of the work. Suddenly from 12th of July he starter asking more money to complete. He did this to 4 other house owners in the same apartment. We all have gone to the police. I got to know that he has a history of fraud. I need suggestions on below points:

1) I want to hire a new carpenter to complete the work since I am paying rent and cant wait to complete the interior and move in. However, I don't want the current interior to create any problem when I hire a new carpenter. Please suggest 
2) Get the refund for the incomplete work

Police have asked us to get the review done by a seperate carpenter and get the estimation.
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

yes you can do so.  You can go before consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Non pays that much % of amount in one go. You mistaken in deal. Well, without your permission, I D cannot enter in yuor house.

May police will settle the issue out of court and refund. Get it done as polcie suggested. And don`t make advocate payment this time.

Last resort consumer court.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. See you can give a notice to the designer notifying him to complete work in given quote and in given time if he fails in the notice time and agreed time you can appoint another person for same work.

2. If he fails file a consumer complaint against him to recover the refund.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1)  cancel the contract if he has not completed work within stipulated time and asking for more money 

 

2) sue designer for damages 

 

3) get review done by another designer . 

 

4) take photographs of work done till date 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. Send this fellow a legal notice and seek refund. By the same notice, terminate your understanding/contract with him.

2. Seek refund, along with compensatiion for delay occasioned in completion of the project, which till date is far from completion/ 

 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Respected sir... 

If you follow legal procedure in this then it will ve an lentgy procedure which will create problems for you.. Complain to police in this matter and make pressure on him then ask  a third carpenter to give the estimate for the work which he had completed and the after cutting that money take your money back from him... And make an agreement with an other carpenter this is simple procedure else you will be implicated in very long procedure... 

    

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Immediately you have to go to your police station and file complaint against your interior decorator under section 419, 420 and 506 for not completing the work and misappropriation of the money paid as per the Contract you can send a legal notice in case you want to you before going to the police station

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

Yes you can get refund of the amount as he neglected to complete the work intentionally. Let him pay the damages also. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Please file a suit for recovery of money against the interior designer or seek for specific performance hope you have a written agreement with him if not also seek for recovery of money along with damages. First send him legal notice through a lawyer.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

3.  Refund amounts can be claimed only thru recovery proceedings in a Civil Court.

4. Once a police FIR is filed, THEN you are absolutely free to appoint another contractor to complete the work.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Is there an agreement executed? And do you have receipts of payment made? If yes then he can be sued for breach of contract and claim damages. Via consumer forum he can be sued and compensation could be claimed

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. If you have given a complaint with the police about this then you may ask the police to instruct him to not to interfere or create problem when the work is continued with a new carpenter.

You can also issue a legal notice to him if he is creating any problem and file a suit against him restraining him from interfering in the work to be done through a new carpenter for the reasons that you may rely upon.

 

2.  You can ask refund also in the same injunction suit to be filed against him.

 

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

You can hire new carpenter but before that you should serve him a legal notice through advocate for completion of work or you will be forced to hire a new designer for completing pending work.

Also ask him to refund the amount paid to him after deducting the charges for work done by him. 

If he fails to reply the legal notice in time hire a new carpenter and file a suit in consumer forum against interior designer for refund of money and compensation due to delay in work completion.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 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