• Livspace didn't complete the project on time

I'v booked on livspace 5th March 2019 to do the interior work and gave timeline till 20th July 2019. Till 9 August 2019 they had completed only 69% work even after many meetings and reminder and took 75% money from us. Because of delay we have to cancelled our house warming ceremony 2 times and faced lot of stress. What options we have to get back our money from them.
Asked 5 years ago in Civil Law

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30 Answers

It is necessary to peruse terms of your contract to advice 

 

2) there must be clause that in event of delay in completion of interior work on time contractor shall be liable to pay penalty or liquidated damages 

 

3) you can terminate contract and sue for damages 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

 you can feel your complaints in the consumer forum if your amount of claim is up to 20 lacs but in case your amount of claim is more than 20 lacs including the compensation and interest then you have to file your complaint in the state consumer dispute redressal Commission against the the contractor that before filing the complaint it is advisable to send a legal notice to them to refund the amount

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

You must file consumer complaint in consumer Court to not only get back your money, but also compensation for all the troubles caused. 

You obviously need an experienced counsel to file and plead the petition. I'm​ prepared to handle this case. But I need an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me to consult.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1572 Answers
5 Consultations

You can file complaint in rera or consumer court and seek compensation

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

How can you pay them money without any agreement. You can file a case against them against your payment receipts. You can also file FIR. You need all evidence of payment and delay from them in the said project

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

Bubble negotiations are also termed as contact and you have transfer the money on the basis of that agreement so you have all the right to claim the money based on the transfers of money E and the completion of work schedule

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

There is no written contract 

 

2) there is no such clause in any agreement that work would be completed till July 2019 

 

you would be wasting your hard earned money in litigation 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

FIR on what grounds? Where is any offence involved here? It's a civil matter here, for which either you file ordinary civil suit for breach of contract/specific performance of contract; or, as in this case, you can move consumer Court. 

As far no contract in writing, you see every contract need not be in writing. Oral and inplied agreements are also valid contract. That the opposite party entered your premises and started the work itself implies existence of a valid service contract between you and them . 

So do ring me up to seek appointment to carry this forward further. Already given you my number

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1572 Answers
5 Consultations

Dear Client,

It will be better for you file a complaint in the Consumer Forum. You have not pay heavy Court fee in Consumer Forum. Have you done any agreement with them. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Yes as already adviced here by me, you have a strong case and every likelihood to succeed if represented by a competent and expierenced counsel. Now it's up to you whether you want to sue them or not. Going around in circles here will serve no purpose. Kindly visit me for consultation

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1572 Answers
5 Consultations

Dear Client,

Your Email can be used as Agreement and proof. Please, consult a local lawyer to file a complaint in the Consumer Forum. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Emails are admissible in evidence 

 

2) if work was not completed on time did you in your correspondence mention that for delay in completion penalty would be charged 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

You can go forward with that emails as evidence

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

Buyers cannot be made to wait indefinitely for possession of property. For any reason, if possession not delivered on schedule date with OO & CC, buyer is entitle to refund with interest or interest till possession deliver.

Yogendra Singh Rajawat
Advocate, Jaipur
22995 Answers
31 Consultations

1. yes the email correspondences can be treated as valid contract

2. however i suggest that since 70% work is done, you can agree for a last time to extend the completion date

3. i can understand your concern but i am saying the above for a reasons

4. if you decide that you want to take legal steps against the contractor, then the litigation will not come cheap

5. you will have to spend again on that which is a stressor

6. yes, had the contractor not completed even 50% work, then it was altogether another thing. In that case, you could have definitely taken legal steps to claim a refund

7. suppose you take legal steps and issue a threatening legal notice to complete the project within the period stated in that notice or to claim refund, then that would unnecessarily create bitterness and the contractor would also contest your claim

8. on the other hand, i suggest that you issue them a legal notice through a lawyer but the words therein have to be balanced so that it does not sound threatening but only an intimation of giving them a last chance to complete the project by the agreed date stated in the notice

9. however please note that if your grievance is also that the contractor has done a shoddy job or the job done does not live to your expectations and instructions given before commencement of work, then you are entitled to claim refund with damages. But in your query i do not see that such is your grievance

Yusuf Rampurawala
Advocate, Mumbai
7703 Answers
79 Consultations

1. Even though there is no formal s al agreement  the email communications made between two of you makes it clear that the project will have to completed within the stipulated time and money.

2. Now it is no clear whether the delay is inordinate or is to be completed soon. In general a grace period of six months is market convention.

So wait for this year and if they again fail to deliver then you have the option is filing case before the consumer forum seeking refund with interest and damages.

Devajyoti Barman
Advocate, Kolkata
23247 Answers
514 Consultations

See you can file a consumer complaint against them for the delay and deficiency of the services. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

See FIR cannot be filed it will be consumer complaint. You will need the work order, proof of payment and the evidence of promised dates. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Yes it will be useful to the support your complaint. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

send an email pointing out defects in work manship 

 

2) failure to complete work on time 

 

3) give them one month time to complete the work 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

File a consumer complaint recover damages and compensation from the livespace along with expenses on cancellation of ceremony and compensation for mental agony. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Why are you just going on and on here? Are you not seeking legal remedies for your troubles, or are you just looking for agaony aunts? 

I have already told you what needs to be done.

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1572 Answers
5 Consultations

This is my response to you:

1. You can send them a legal notice;

2. You can then file a police complaint against them for cheating;

3. If you do choose to take this to consumer court then send a legal notice under CPA;

4. State that there has been deficiency of services;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

Serve a legal notice on them.

Ask for refund, compensation and other losses you have faced.

Approach a good lawyer with all the papers.

You can also approach the consumer court if your grievance are not redressed

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You can claim overall compensation for mental agony and torture

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

You should send them a legal notice through advocate for completing the pending work and hand over the possession to you otherwise he have to pay compensation for rent you are paying due to delay in work by them. 

If they still doesn't complete the work before the deadline given by them file a suit for compensation due to delay in work.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

If you have entered into an agreement for this with the firm, then you may issue a legal notice asking them to refund the amount proportionately as you are cancelling the agreement because they have not completed the work as per agreement conditions within the stipulated date.

Let them give any reply, you can take further legal steps to recover the amount as well as for compensation through consumer forum

 

 

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

In the absence of a written agreement between you both it would be difficult for you to prove your allegations because he will simply deny them and walk off coolly.

You have to have some strong documentary evidences to initiate any legal action against the erring firm.

 

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

You have not given all these complaints in writing to them so far, all your correspondences were through sms, whats app or emails  or phone calls only.

 Therefore you may issue a legal notice mentioning all the defects on their side and also mention the timeline they assured and the substandard materials used for the work etc in the legal notice, send it to them let them give  reply, this will become an evidence for further legal steps.

 

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been an agreement for work existing even without any specific contract as it stipulates from the offer and acceptances at their end.
  2. You can’t file the FIR against them as it is the breach of the agreement but not any criminal offence.
  3. Yes, you have the liberty to file a suit before the court of civil law for cancellation of work contract and refund of money with interest and compensation for the loss that you suffered.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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