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jyothish kumar   08 May 2021

Contract breach

My brother had a contract for interior design to his new home . Interior design company quoted 7 lacs based on selected design. my brother agreed for that and paid advance of Rs.1 Lac. my brother found that quality of work is not up to the mark and decided to cancel the contract with in a week . But Designer company not giving back the remaining advance money. please suggest us, what are possibilities to get that money back. definitely we will approach a local lawyer .. please suggest rather than this .


Learning

 6 Replies

Sankaranarayanan (Advocate)     08 May 2021

How you assertain the quality of work is not up to the level of your satisfaction? if you have evidence and proofs then you can send a legal notice and file case against the interior in appropriate forum or court

Dr J C Vashista (Advocate)     09 May 2021

You have rightly decided to engage a local prudent lawyer, proceed as advised.

G.L.N. Prasad (Retired employee.)     09 May 2021

Contact a local advocate and issue a legal notice.  Contact a Civil Engineer/Approved valuer and obtain a certificate about the poor quality of such services offered.  Later you may approach to District Consumer Forum with a copy of your notice, their reply,. expert opinion demanding refund, costs, interest, and compensation under CP Act.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 May 2021

1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 May 2021

The facts are as follows:

  1. The value of the contract is Rs., 7.00 lakhs
  2. Advance paid Rs,. 1,.00 lakhs

At what stage the work was found unsatisfactory and not up to the mark in the quality as per the agreement? What could be the value of the work done up to that point?

Whether there is any clause in the agreement clearly defining the quality with which the work was to be executed and periodical checks and if so who shall check the quality and certify?

T. Kalaiselvan, Advocate (Advocate)     11 May 2021

If the work has already begun  and you found that the work is of substandard quality, you may first get an opinion about the quality of the work so far completed by the contractor from an expert interior designer and on that basis you may issue a legal notice to the contractor communicating your decision to terminate the contract in this regard due to sub standard work he had done so far  hence he is liable to return the amount received as advance deducting the amount incurred to the work so far completed. 

You may add in the legal notice that if fails to comply with the demands made in the legal notice he would be dragged to consumer forum and also civil court for compensation and recovery respectively 


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