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Legal action against architect

(Querist) 06 January 2012 This query is : Resolved 
sir,

we are a compnay. Recently we purchased and moved in new office premises. We had engaged an architect for furnishing office interiors. we incurred huge cost over it.
But the work is still incomplete. The work carried out by architect is not upto the mark, it is substandard. we have brought it to the notice of the architect from time to time but he is not complying with our requests.

what Civil/Criminal action can we take?
M.Sheik Mohammed Ali (Expert) 06 January 2012
either you may go specific performance act or consumer court for deficiency service
Jay Prakash (Querist) 06 January 2012
Thank you. But being a company do we realy have a remedy for the deficiency of service before consumer court.
prabhakar singh (Expert) 06 January 2012
Yes! Still you have right as service you have bought is for use and not for any sale.
First serve him notice of deficiency and damages you would be claiming,then file complaint.
Advocate M.Bhadra (Expert) 06 January 2012
Send a Legal notice to the said Architect claiming damages, if he would not comply then file a case in District Consumer Forum for deficiency of service or you can file a suit for Specific Performance of Contract in Civil Court.
M/s. Y-not legal services (Expert) 06 January 2012
yes., send a legal notice wit prayer as what you want..

and proceed further according to the effect of that notice.,

-tom-
Raj Kumar Makkad (Expert) 06 January 2012
Handover the list of your grouses to the architect and obtain its receipt and obtain his reply and thereafter depute a senior architecture and obtain his expert report about the lapses on the part of architecture you engaged for the decoration of your office and then directly go to consumer forum as suggested.
Rajeev Kumar (Expert) 06 January 2012
Yes send him a legal notice as what you want
Shailesh Kr. Shah (Expert) 06 January 2012
Perfectly Guided by Makkad Sir.
Shonee Kapoor (Expert) 06 January 2012
Nothing more to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Jay Prakash (Querist) 07 January 2012
Thank you all.
Deepak Nair (Expert) 07 January 2012
Sufficiently replied by Mr.Makkad
Jay Prakash (Querist) 03 March 2012
dear all,

we told the architect that we will not pay /release the remaining payment unless the incompleted work is finally completed. The work is still incomplete.

but now he is threatening us for the payment by giving calls through unassociated persons.

please let us know what steps can be taken?
Guest (Expert) 03 March 2012
Telling verbally and the terms & conditions of the agreement entered in to with the architect are two different things. All depends upon the terms of written agreement, if any. If no written agreement was entered in to, it would be quite difficult for both the parties to establish their claims over each other.

However, the advice rendered by Shri makkad is fine to be acted upon by you.


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