It would be civil case
no criminal case is made out against st you
no need to bow down to pressure tactics
File poluce complaint against designer for criminal intimidation
Interior Designer asking more than work done
Honorable Sir, We hired one interior designer to do work of our house (resale flat). He gave us very high level estimate of items amounting close to 12 lakh. After 1 month of work we realized that he is not doing the work as we expected him to do or asking us whether he should do this way or not. He was doing his own ways . So we had to ask him to rework again. We were mentally exhausted explaining him all the things again and again , finally decided to stop his work . Asked him to ask his labors to leave our flat immediately but he threatened us that until we pay him advance of 2 lakh he will not ask them to leave. By that we had already paid him 4 lakh. We told him we will sort out payment issues first you remove your labor but he didn’t . Finally we called and agreed out of mental agony as labors still staying our flat to pay 2.5 lakh more I.e total 6.5 so I paid 1.5 more and then he removed his labor , remaining 1 lakh was to be paid . I told him I want to assess the work done from third party. How much it will cost me for remaining work and rework due to poor quality or work manship . He is threatening us he will take legal action. That I agreed to pay 6.5 to him and 1 is still pending . I get assessed the work done from another competent person he said what I have paid is more . And he had made mistakes in Square feet calculation, we realized when we asked third party . What should we do . ? Please help . Will it be criminal case? Or consumer case ? How can I stop him bothering our family
Asked 3 years ago in Consumer Law
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17 Answers
- As per law , both the parties are bond with the contract for which they have entered , even oral contract .
- Since, the said interior designer not doing work as per your consent and contract , then you can cancel the said contract with him legally after giving him a notice for the same.
- Further, if that interior designer is a firm , then you can approach the Consumer Forum against him and to claim compensation as well.
- Further, for threatening you can lodge a compliant against him before the police and higher official .
If he files it will be civil case not criminal. If you file it will be consumer case
Sir, In the settlement talks to remove the labors from flat , we had telephone conversation where in we both agree to settle at 6.5 out of which 5.5 i already paid and then he removed his labor. As a layman we see the work is not worth more than 5.5 and we got it assessed from competent third party . We got same answer. Therefor I don’t want to pay remaining 1 lakh we were in lot of mental pressure while we agree to pay 6.5 on phone because he threatened us he will not get his labors remove from our flat . Now he is picking that point and harassing us saying he will take legal action . What is right thing to do ? To stop him bothering us . We have ascertained the fact that we have paid him his justified dues . Moreover I am staying away from my family so I am worried he may cause some trouble. Please help .
Asked 3 years ago
Hi, you have to lodge a police complaint against him if he troubled you. Further, you can also lodge a consumer case against him for deficiency of service.
Deny that you agreed to pay designer Rs 6.5 lakhs
there is no written agreement to pay Rs 6.50 lakhs
Let him file a case you can contest on merits. If he harrases you file police complain
1. It's a civil dispute for which no criminal action lies.
2. It appears there is no agreement in writing and in such case he is entitled to be paid for the work done even if its not satisfactory.
3. However to be on the safer side file case before the consumer forum.
- Since that designer is doing the work as per your consent and for which you have given contract him , hence you can deny to give any amount , and can send a legal notice to terminate the work assigned and to claim damages as well.
The interior decorator is threatening you with false claim, he cannot go to police claiming his dues especially when he has already taken a sizable amount from you without doing an work.
Instead you issue him a legal notice stating the loss you suffered due to his substandard work, which was carried out by him in a oral contract that you entered with him and ask him to refund the the excess amount he charged from you.
After that you can appraoch the consumer forum for relief and remedy.
Was there any agreement in writing between you both, if so whether it was by a registered document or an unregistered document.
If he is troubling and creating constant nuisance in this regard, you may take the help of police by giving a complaint against him for creating nuisance at your flat every time.
You refuse to pay him even a single penny and ask him to proceed legally since he cannot do anything legally on this.
Dear Sir,
There is nothing to bother about. It appears that the designer is just attempting to extort money. It's a simple contractual dispute and at best he has a remedy under Contract Law through Civil Courts. It is not consumer case, because you are the consumer here. In case he files a criminal complaint, you can explain the police and they will not bother you and direct him to move before the Civil Court.
As far as troubling you is concerned, you can get issued a legal notice from any good advocate stating all the facts and counter threating him to take actions for criminal intimidation and harassment. To settle the dispute amicably you can offer him to get the survey done through an independent surveyor.
Hope this helps.
Best wishes.
let him file the case and you can defend it comfortably. you are not entitled to file any case if you are thinking about that also. by entitled i mean that it will be futile exercise but you can do this to pressurise the designer. if you can prove that he cheated then you can easily defend but if the case is about overcharging then there may be an issue because overcharging is not wrong till it is bound by some law.
in short you can defend your case so let him do it.
Sir, With regards to the same issue . The same day when we told interior designer to stop the work we told to him that to ask his labors to vacate the flat in as is situation. We will settle payment dues in a week time after reviewing the work done, re work we have to do due to poor workmanship and then we will settle the payment . But he threatened us by email that until we pay him advance 2 lakh ( 4 lakh we paid already) he will not ask his labors to vacate the flat . We were in mental agony due to this that without our permission they were staying in our house and we are helpless. Can I respond him that this is trans passing ? Can we do something about it ?
Asked 3 years ago
sir you can ask them to vacate as it is your right. if there is any dispute about payable money then they can claim in court however they cannot stay in your house forcibly. if they do not leave then you can call police and police should arrest them if they do not leave. yes it is tresspassing.
File police complaint against interior designer if he harasses you
You first create a record or evidence to cancel or terminate the agreement/contract in writing ( not by email), send it to him by registered post to his address, instruct him to evict his labors from the spot or else you will take criminal action against them and him for criminal trespass.
After that on the basis of this evidence you may approach the police with a complaint against the labors for illegally occupying the premises, let the designer come to their rescue or talk to the police, you have to take legal recourse.
If you do not know the procedures to serve the legal notice for terminating the contract, you may take the assistance of an advocate.
- Firstly you should lodge a police complaint for his threatening before the police and higher police official
- Then you can file a suit for Mandatory injunction against him for getting evicted the premises from him .
Hello,
It would be better if I can see the terms of agreement thoroughly but from the facts stated by you, it would be better to immediately file a criminal complaint with your local police station .
For detailed discussion kindly get in touch with me so that I can guide you specifically.
Thanks and regards.
