• Interior company took money but not starting work

Hi,

I had given 10% advance for a Home interior company to do the house interior works for my new flat.
While taking the advance in Jan 2022, they said the work will be completed in 45-60 days, until today they haven't started the production nor finalized the design works yet. They are not attending to my phone calls now. How should I take it further, please advise?
I had made payment from my company account and have taken a GST Bill from them for the advance I paid.
They are also asking for a second payment through mail without giving any proforma invoice, Will it cause any issues if I don't pay the second advance when they raise a Proforma Invoice.

Thanks,
Bhaskar
Asked 2 years ago in Business Law

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7 Answers

The work was to be completed in 45 to 60 days which  is delayed by one month now. The service provider cannot relied. Seek refund of advance paid approach other reliable interior decorator. Issue a lawyer's notice  seeking refund with interest. After that file a complaint in District Consumer Commission under Consumer Protection Act, 2019 under which  proceedings  are very fast. You will ger refund with interest, compensation  for mental harassment, cost of complaint and lawyer's fee.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

Send a legal notice and if they do not respond then file a complaint against them before the district consumer forum.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

In the absence of a written agreement, you an take it up legally on an oral agreement also.

You first issue a legal notice to them demanding to complete the job within the stipulated time period as agreed at least from the date of receipt of this notice or else to return the advance amount with interest from the date of payment.

Don't pay them the second installment if they have not begun the initial work too.

 

T Kalaiselvan
Advocate, Vellore
87175 Answers
2341 Consultations

You can file consumer complaint against them by sending them a  notice first

Prashant Nayak
Advocate, Mumbai
32492 Answers
201 Consultations

Issue legal notice to interior company to complete work as per terms of contract signed by you 

 

if they are unable to do so give refund of money paid by you 

 

file poluce complaint against company for cheating , criminal breach of trust 

Ajay Sethi
Advocate, Mumbai
96972 Answers
7828 Consultations

- Since, the said interior work has not compilated by him even out of the fixed time frame , then you can cancel the agreement even orally , after sending a notice , and thereby ask him to refund the amount taken for completing the work .

- Further, without completing full work as was agreed , he cannot claim any amount from you. 

- You can file a compliant before the Consumer forum against him for getting the work done or to get refund the paid amount with the mental harassment compensation. 

Mohammed Shahzad
Advocate, Delhi
14523 Answers
221 Consultations

Dear Client,

                 No, a payment can't be made on a proforma invoice.A pro forma invoice is a preliminary bill of sale sent to buyers in advance that provides a list of particular goods/services ordered by the customer yet to be delivered, along with their agreed prices.A proforma invoice is also sent to a customer before your products are delivered or your services provided, but it is considered more binding than a quotation – although not legally binding like a completed invoice.A proforma invoice is usually sent when a customer has committed to a purchase but can't be sent an official invoice because the final details haven't been confirmed. On the other hand, a quote is sent to a customer who has made an enquiry but wants more information before making a commitment to buy anything.

Thanks & Regards

Anik Miu
Advocate, Bangalore
10182 Answers
120 Consultations

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