I contacted DI Corporation,Sheikh Sarai,New Delhi to get my my website designed and developed.They sent a female named A.D. (name later)to my home to discuss their website designing packages.She told me SHE works in their Gurgaon Registered Head Office.
I had asked her to bring her company's brochure but she forgot to bring.
In 5 minutes of my reaching home,she started criticising her company DI Corporation that their services are very bad and its cleints are dissatisfied.She suggested that I can get my work done from her as she does so privately as a freelancer also.But she asked me to keep it as a secret from her company.She also quoted reasonable rates of16,800.
As I am not too well off,I agreed to get it done by her.We exchanged THROUGH E-MAIL terms and conditions after she AGREED TO all the features I wanted on my website.The terms said 30% of the fees will be given when the work starts and remaining only after work is finished and approved by me.Also she agreed that work will be done in 20 DAYS.She said that she has asked a designer to design my site while she is only the incharge.
On 20th April,2011,she received the cheque of5040 as the initial fees(30%) at the address provided in her invoice.Later on she told me that the address is of her landlord.
Few days later she also claimed to have changed her address,but never provided her new address.
I don't have her landline phone yet;only mobile phone.
Now more than 2 months have passed.My site is only 50%-60% finished.When I talk to her,she says it's done.But I know it is not because most of the agreed features are missing.
Some features already installed are not fully working also.
On other days she blamed my hosting company whose server is of poor quality because of which so much time was taken.I suggested to her that I will shift to another host and it will take only 1-2 days to shift.But now she is discouraging me to shift also.Then one day she told me that few features can't be done on my site since they require technical expertise.But in the beginning she had agreed to provide me all these features.
Now she says her designer has got jaundice.So we need to wait.
So more than 2 months have passed.She does not seem to be bothered at all.
I just have her banking details such as IFSC code,bank branch name,bank name,account no. and beneficiary name.
Now what do i do?
1. Should I warn her that I will complain to her company that she is doing freelancing work privately,despite being employed?So she should return me my money(Rs. 5040) in case she does not wish to finish my work,as I will now have to go to another designer.
2. Should I warn her of consumer court
3. Should I simply go to a consumer court?If I go,does my case stand a chance?
Let me inform that all our interactions where terms and conditions,invoice and the required website features were discussed on e-mail only.