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Laxmi (Software)     10 October 2024

Dispute with interior design firm

We have recently purchased an apartment. We engaged the builder's interior team to do the interior work. Little did we know that it was a big mistake. We did this only because they promised to complete the interior work on handover. They will not allow any other people before the handover. So we thought we would save 2-3 months rent and can move in early.

First, they said we have to pay 25K which is the registration/Design fee which is non-refundable. We paid for it and they assigned one designer. We had 3 meetings with that person and always half of our inputs never made it to the design / they forgot to put it.

We were asking approximate quotation with material details from meeting 1. They keep telling us we have to pay 10% of the approximate value (the value was 9.5 lakhs according to them) to get the actual quotation.

At all the meetings they showed some 3D designs and explained some or the other things which we didn't fully understand. Hence asked them to share the quotation in the mail. They kept on insisting we pay the 10%.

So we paid 95K thinking they were a reputed company. 2 weeks after paying, after follow ups they sent the quotation. It was coming up to 11.33 lakhs. We got suspicious and took quotations from other vendors. They gave a quotation of 6.5 Lakhs with better materials and extra shoe racks also included. Others gave quotations free of cost also.

We felt cheated and informed them we were not proceeding with them. We asked for a refund of 10% and they said as per their process they can't give a refund. In the initial agreement, Terms and conditions, it was mentioned that "any amount paid is not refundable"

We were under the assumption that once the design and quotation are approved the amount is not refundable. They didn't start work but simply took our money.

One of the lawyers we know asked us to file a complaint with the police. They are not filing it saying this is a civil case. Still, the police called the company representative and made us speak with them over a call.

They requested a meeting again. We had an online meeting and the company representative was shouting at us the entire time asking why we went to the Police. he can prove that they gave a quotation and explained everything in meetings. I asked him why it was not sent to us when asked. He said that is their process. We shouldn't have trusted the salesperson/designer and paid the money. He threatened to put a defamation case on us. We told him if he can't give a refund we don't want to waste time arguing. He said it was not possible. 

We feel looted and helpless. Police are of no further help. What would be the best course of action? Can't we do anything on this? Just because we signed on a white paper?

How can someone charge money without giving any service? 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 October 2024

You first issue a legal notice stating that they have not done anything but simply took huge money even without entering into any agreement, if they don't return the amount you will lodge criminal complaint for the acts of cheating and breach of trust besides filing a civil suit for recovery of the amount and other damages.

If they still opt to ignore your legal notice, you may directly approach the city police commissionar office with a complaint against them for the acts of cheating, fraud, criminal intimidation and other related offences in order bring such culprits to books.

2 Like

Advocate Bhartesh goyal (advocate)     11 October 2024

Issue legal notice to interior  design  firm and ask them to either complete work as per quotation or refund paid amount ,if notice is not respond then file complaint before Consumer Commission and claim paid amount  along with compensation for mental and physical agony caused to you.

2 Like

Sudhir Kumar, Advocate (Advocate)     14 October 2024

While agreeing fully with above views, I will add that given facts indicate that probably there is a storing point FO consumer case.

It is strange to demand 10% for just giving a quotation.  that means him in order to know whether price is affordable or not to you have to pay the huge price. They have also grabbed that 10%. 

 You have stated that

“We were under the assumption that once the design and quotation are approved the amount is not refundable. They didn't start work but simply took our money.”

Apparently there may be some basis of such assumption.

In such case you will have to refer to their initial officer online/offline brochure or declaration on website or any verbal promise.

 

It is indicated that you’re paid an amount and then the company was not even taking note of your requirements.  Probably they had no intention to provide services and induced you to give money.  If you can established such things you can insist on FIR (as advised by Mr Kalaiselvan) in addition to consumer case notice (as advised by Mr Bhartesh Goyal.

 


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