Upendra (A) 20 January 2024

Complaint related to interior decorator

Dear Experts,

I want to have your expert advice on my present problem. The details are as follows: -

I am owning a flat at Hiranandani Fortune City nearby Panvel. In the month of Aug-2023 I got an offer for tenant with a monthly rental of 14000 Rs. per month and advance of 56000 Rs. but the tenant wanted me to do modular kitchen, install fan & lights and curtain rods. For this I hired an interior decorator Mr. Harish Jangid from M/s Jangid Interior Design (reference I got from an employee of Hiranandani who told me that this person is doing some flats here so you can also contact). I told all the work I required in my flat to Mr. Harish Jangid and we made a deal. He shared some pictures and videos of the work he has done in the same society where my flat was and convinced me that all the work will be done properly within the timeline. I clearly told Mr. Harish that I have taken advance (I have the transaction details) amount from the tenant and with 15-20 days you should complete the work so that the tenant can shift to the flat. Mr. Harish agreed to all the terms and condition and sent me a formal quotation (I have the soft copy of same in which he has stated that the work will be completed within 15-20 days). As per his company policy he asked for a advance of 50000 Rs. which I paid him through UPI (transaction details I have). I was constantly in touch with him for the update on work and every time we discussed he assured me that the work in on track, after some days he asked for another demand of 70000 which I denied but he convinced me to transfer so that work is not hampered and completed timely. As I was under pressure of completing the work timely as my tenant had given advance, I paid another 70000 Rs to Mr. Harish Jangid. After the timeline date was gone I got worried and Mr. Harish Jangid started giving excuses that due to monsoon the work got damaged and it will take another 1 week for completion.

Every time I was talking to him Mr. Harish started to ignore my calls and was giving me excuses and another dates. After 1 month of time also he was not able to complete the work and because of this I lost my tenant and had to pay back the advance amount of 56000 Rs. back to the Tenant. I faced a complete loss of 14000 Rs. Per month and Mr. Harish Jangid took advance of total 120000 from me.

Now it is Jan-24 but still Mr. Harish Jangid has not replayed my advance amount. He is not picking up my calls regularly and I have to keep on calling multiple times. Every time he will start giving excuses and always provided new dates. He also has provided me a post-dated cheque from ICICI bank on my name (cheque details I have). Before depositing the cheque also, I called him and he told me to deposit the cheque on 15^th-Jan-24 and accordingly I did it but the cheque got bounced (Bounced cheque memo letter from bank available). After this I had argument over phone and Mr. Harish says what if I don’t give back you the money what can you do? It is my curtsy that I am promising you to give back your money etc. etc.

The worst part of all this is that I have never met Mr. Harish Jangid personally and whenever I tried to call him face to face he gave excuses but never came in front.

I would like to take the advice as I want to fill a consumer court complaint against him, what should I do to get my money back? How can I recover the voice call records between both of us so that he is proved guilty.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 20 January 2024

You can collect documentary evidences and initiate legal action as proposed by you either through consumer forum or even thorugh police

anjali tamrkar 23 January 2024

When it is determined to file a case,you needs to estimate the monetary transaction limit. Based on the pecuniary limit, consumer Forum is categorized into a three-tier format.
•   District Consumer Disputes Redressal Forum (DCDRF):
Each district has a Forum consisting of 3 members each. When the amount is under 20 lakhs, DCDRF orders to file an appeal in SCDRC.
•   State Consumer Disputes Redressal Commission(SCDRC):
If the pecuniary value is between 20 lakhs to 1 crore, then an appeal is filed from the SCDRC order to NCDRC. This commission is established in every state.
•   National Consumer Disputes Redressal Commission(NCDRC):
This forum is situated in New Delhi and is considered the highest tier of the Redressal system. If the value of the claim exceeds 1 crore then the jurisdiction lies in hands of NCDRC. Also, an appeal from the NCDRC orderlies to the Supreme Court.
Procedure to File a Case in the Consumer Court
•   Intimation: The aggrieved party sends a notice to the service provider who sold the product. This notice informs about the intention of the customer to take action for receiving substandard or defective goods. It is an attempt for settlement between both parties without going to Forum.
•   Drafting of the complaint: If the seller or service provider is not ready to offer compensation, a formal complaint is lodged under Consumer Protection The process doesn’t necessarily need a lawyer and can be dealt with by the customer himself. The customer must mention the following details:
1.   Name, address, and descripttion of both parties.
2.   Cause of action, approximate date, time, and place.
3.   Relevant causes behind the action.
4.   The compensation or remedy claimed by the consumer.
5.   Signature of the complainant or authorized lawyer.
•   Attach required documents:
Materialistic evidence and documents are required to support your complaint to produce in the court. They include-
1.   Copy of bill, delivery receipt, packaging, a record of online booking.
2.   Warranty/Guarantee cards.
3.   Copy of the written complaint and notice.
•   Appropriate Commission: The consumer needs to choose the proper forum to file the complaint according to pecuniary jurisdiction i.e. the total value of the product or service availed. Mention the compensation amount that is fixed.
•   Pay court fee: A certain amount of money is needed to be paid along with the complaint. The amount depends on the type of the forum, the value of the product bought and the compensation sought.
•   Submit Affidavit: While filing the case it is necessary to submit an affidavit in the court. It is proof that the facts described by the complainant are true to their knowledge.

The complaint can be made on plain paper and you can file it in person or through an authorised agent, after it has been notarised, through registered post or regular post. It is important that you serve a personal or legal notice to the opposite party before filing the complaint.
You will need to file four copies, plus additional copies for each opposite party. And the complaint must be filed within two years from the date of the cause of action having arisen. The court fee for cases involving up to Rs 1 lakh is nil for those holding Antyodaya Anna Yojana cards and Rs 100 for the rest. For cases involving up to Rs 5 lakh the case fee is Rs 200, for case up to Rs 10 lakh the court fee is Rs 400 and for those up to Rs 20 lakh the case fee is Rs 500. The demand draft should be made out to the President, Consumer Disputes Redressal Forum, (name of) district.