• Interior decorator cheating me

Current Status of Work (Including Quoted Cost Completion, and Pending Tasks):
TV Unit (Living Room): 50% complete | Quoted: ₹30,240 | Remaining: ₹15,120 | Pending: Lovers, lights, doors, golden T patti laminates
Pop Work (Living and Dining): 0% complete | Quoted: ₹36,000 | Remaining: ₹36,000 | Pending: Entire task
Pooja Unit: 80% complete | Quoted: ₹18,900 | Remaining: ₹3,780 | Pending: CNC cutting, lighting, shelves
Wardrobe 1 (Bedroom-MBR): 80% complete | Quoted: ₹57,960 | Remaining: ₹11,592 | Pending: Handles, locks, shelves
Loft (Bedroom-MBR): 90% complete | Quoted: ₹12,420 | Remaining: ₹1,242 | Pending: Handles, locks
Wardrobe 2 (Bedroom-MBR): 50% complete | Quoted: ₹17,280 | Remaining: ₹8,640 | Pending: Doors, laminates, drawers, handles, locks, shelves
Cot (Bedroom-MBR and Bedroom-Room2): 75% complete | Quoted: ₹45,000 (total for two cots) | Remaining: ₹11,250 | Pending: Hydraulics, headboard
Wardrobe (Bedroom-Room2): 80% complete | Quoted: ₹30,240 | Remaining: ₹6,048 | Pending: Drawers, handles, locks, mirror
Loft (Bedroom-Room2): 90% complete | Quoted: ₹12,420 | Remaining: ₹1,242 | Pending: Handles, locks
Bookshelf - Workstation: 80% complete | Quoted: ₹13,500 | Remaining: ₹2,700 | Pending: Doors, electrical work
Modular Kitchen Base: 10% complete | Quoted: ₹77,760 | Remaining: ₹69,984 | Pending: Kitchen doors with acrylic finish, tandem boxes
Modular Kitchen Wall Unit: 30% complete | Quoted: ₹39,600 | Remaining: ₹27,720 | Pending: Kitchen doors with acrylic finish, structure, fitting
Loft (Modular Kitchen): 30% complete | Quoted: ₹51,840 | Remaining: ₹36,288 | Pending: Kitchen doors with acrylic finish, structure, fitting
Partition Work: 0% complete | Quoted: ₹13,500 | Remaining: ₹13,500 | Pending: Entire task
Pantry Box & Fridge Box: 30% complete | Quoted: ₹22,500 | Remaining: ₹15,750 | Pending: Kitchen doors with acrylic finish, structure, fitting

Financial Summary:
Total Project Cost: ₹470,000
Total Paid to Date: ₹375,000
Total Completed Work Value: ₹242,560
Total Outstanding Work Value: ₹227,440

we only have a written agreement in his letter head 

https://drive.google.com/file/d/13JSnw1xnVCM0qbvRdUU1LEHJZo5bQnc5/view?usp=drivesdk

these are some of the photos of the site
https://drive.google.com/file/d/13QbFxmrC1uETpW_RDKQ-8__LpDBRxwPD/view?usp=drivesdk

we are currently not able to go to our own house which we have worked hard to buy from past 4 month 

any help regarding this can be really helpful we are ready to take any legal action
Asked 12 months ago in Consumer Law

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8 Answers

Don’t make any further payment till he completes work 

 

if he fails to complete work file complaint against interior decorator before consumer forum seek orders to complete work within stipulated period and pay compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
97244 Answers
7854 Consultations

Given details are not sufficient to arrive to any conclusion nor to give opinion. The details of agreement is required to be examined along with other details. Agreement can be orally also which too is legal subject to fulfillment of few legal formalities. So signed paper too is legal. So consult with detail. 

Siddharth Srivastava
Advocate, Delhi
1419 Answers

The agreement is the documentary evidence for the relationship between yo and him.

If the contractor is violating or breaching the conditions then you may approach consumer redressal commission with a compliant against the contractor and seek compensation and other reliefs. 

T Kalaiselvan
Advocate, Vellore
87447 Answers
2348 Consultations

The agreement in a plain paper cannot be enforced however that can be used as an evidence to prove the existence of contract

You can very well sue him ignoring his threats

T Kalaiselvan
Advocate, Vellore
87447 Answers
2348 Consultations

Contract signed between parties is binding 

 

you are at liberty to proceed legally if he has failed to complete the work on time 

Ajay Sethi
Advocate, Mumbai
97244 Answers
7854 Consultations

- If you have entered into an agreement with the said interior design company for carry the said work , then you can claim refund and damages for the unsatisfactory work. 

- However, as per Section 10 of the Indian Contract Act, 1872 , An oral agreement is as equally valid, as a written one , and the legality of an oral agreement or an unregistered agreement cannot be questioned. 

- Since, as his work is not as per the promised or agreement , then you can file a complaint before the Consumer forum on the ground of deficiency of work to get the refund and damages. 

Mohammed Shahzad
Advocate, Delhi
14647 Answers
224 Consultations

Dear client,

Sorry to hear about your situation. The Indian Contract Act, 1872, states that a written agreement signed by both parties, even on plain paper, is enforceable in India. In a legal disagreement, the paperwork you have and phone records might be very important pieces of evidence. Agreements signed with the free assent of the parties are recognized under Section 10 of the Act, and Section 73 provides for compensation in the event that a contract is broken. There has been a breach of contract in your instance since the contractor is requesting more money and has not finished the work by the scheduled date. You can make a claim for damages resulting from the breach under Section 73. Furthermore, customers may be further protected by the Consumer Protection Act of 2019. You can file a complaint with the consumer forum, citing the written contract, the phone logs, and proof of unfinished work as justification for damages and taking the contractor to court.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10289 Answers
121 Consultations

You can file a consumer complaint against the ID and seek compensation form him 

Prashant Nayak
Advocate, Mumbai
32675 Answers
207 Consultations

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