Modular kitchen specifications not as per order
Mayank
(Querist) 29 February 2016
This query is : Resolved
Hi
I gave a contract to install a modular kitchen at my house to a delhi based company. The price quoted by them was 3,75,000+ 14% taxes. They asked me to pay 1,75,000 in cash and balance through cheque with taxes.
I did so but they deposited one cheque in the personal account of proprietor's brother without my consent.
Also, They altered the drawings without my consent and interchanged the shelves and boxes. Also they took the wrong measurements of the kitchen and installed kitchen unprofessionally.
Now they are hiding from their duties.
They are not ready to come at a conclusion. I have paid all the amount to them and they are not ready to provide me with the bill.
I wanted to ask whether I should file an FIR first or send a legal notice. I am asking them to take back their kitchen and refund the amount but they are not ready to do so.
Also will cash payment made by me is a valid proof in court. I have received the acknowledgement of cash received by them on their letterhead
Now I want to ask whether I can sue them for this. They were not ready to accept the mistake. After 3 months of pain they finally accepted the mistake and now are not ready to compensate for the losses.
Santosh Goswami,Advocate
(Expert) 29 February 2016
Serve a pleader notice to compensate you within 7 days failing which file a consumer complaint. Yes, cash payment is valid as well. Any altercation in specification as agreed upon amounts to deficiency in service. Police will not take the complaint since matter is basically civil in nature but a complaint before Magistrate may work.
9555462995
Rajendra K Goyal
(Expert) 29 February 2016
Send notice and file consumer complaint.
Dr J C Vashista
(Expert) 01 March 2016
I agree with the experts advise.
Send a legal notice through a local lawyer. It is to be followed by filing a consumer complaint; declaratory and mandatory injunction claiming damages and a FIR.
