One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: When an interior designer takes most of your payment, ghosts you, and stalls work, you don’t need to wait hopelessly. A formal legal notice, followed by a consumer complaint, can help you terminate the contract, recover your money, and claim compensation for delays and mental agony.
Rohit and Shalini Agrawal, a working couple in Indore, spent nearly ten months finalising their dream home interiors with a designer they found through a popular home decor platform. In early April 2025, they signed an unregistered agreement with Arvind Kulkarni, a self-proclaimed boutique designer, with a promised 45-day completion. The contract required a 50% advance, but over subsequent weeks, Kulkarni made repeated emotional appeals for more money before hitting any milestone. They paid, in good faith. By mid-June, he had received almost 80% of the entire project budget — yet materials weren’t procured, labourers went unpaid, and the site collected dust. When the couple tried calling, Kulkarni simply wouldn’t answer. He’d pick up only from unknown numbers of their vendors. Rohit had to step in as supervisor, buying materials himself, without any technical knowledge. A general practitioner they consulted earlier sent a polite WhatsApp reminder; it achieved nothing. The work was completely stalled. The Agrawals then approached the office of Advocate Sudhir Rao. Make no mistake, this was a classic service deficiency. Rather than another informal notice, Advocate Sudhir Rao’s team drafted a detailed legal notice under the Consumer Protection Act, 2019, cataloguing every breach and payment, then swiftly filed a consumer complaint with an application for interim relief — seeking a direction that the designer not take on any new assignments until the matter was resolved. And here’s the thing, the consumer forum took cognisance quickly. The matter concluded with an order directing refund of the unutilised advance, compensation for delay, and litigation costs. The specialised handling of evidence — bank records, WhatsApp logs, material invoices — made all the difference.Key Facts of the Case
- An interior design agreement was signed in early April 2025 with a 45-day completion deadline.
- The designer, Arvind Kulkarni, received nearly 80% of the total project budget through bank transfers and direct material purchases by the clients.
- No milestones were ever met; the designer stopped attending the site, stopped paying labourers, and became unresponsive.
- Clients were forced to supervise and buy materials themselves, despite lacking technical expertise.
- An earlier informal approach through a non-specialist lawyer didn’t yield any result.
- The client then engaged Advocate Sudhir Rao’s office, which issued a comprehensive legal notice and filed a consumer complaint seeking refund and compensation.
- The consumer forum granted relief, recognising the deficiency in service and directing refund plus compensation.
The Direct Legal Answer
You don’t have to choose between consumer court and legal notice — they work together. A legal notice isn’t a mere formality; it creates a record, puts the opposite party on notice, and often leads to settlement. If ignored, the consumer complaint is the natural next step. A police complaint should be considered only if there is concrete evidence of a dishonest intention from the very beginning — for instance, if the designer had no real plan to execute the work and took money purely to cheat. For most stalled interior projects, the consumer forum under the Consumer Protection Act, 2019 is the right and quickest remedy. It offers refunds, compensation for delay and harassment, and can even order the designer to complete the work or stop taking new jobs. So send the notice, and if the designer doesn’t respond constructively in 15-20 days, head to the consumer commission.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Get a third-party inspection done immediately. Document the stage of work — or lack of it — through photographs and a professional assessor’s report. This becomes crucial evidence to show the mismatch between payment and progress. Also, do not pay another rupee until the dispute is formally resolved. And here’s a key point: matters like this involve nuanced procedural and evidentiary strategies, especially around proved deficiency and compensation computation. A lawyer who handles consumer disputes regularly will know exactly how to structure the complaint and what interim reliefs to ask for — something a general practitioner may overlook.
Applicable Sections of Law
- Consumer Protection Act, 2019 – Section 2(11): Defines "deficiency" in service, which squarely covers non-performance of promised interior design work.
- Consumer Protection Act, 2019 – Section 35: Allows a consumer to file a complaint for deficiency in service before the District Consumer Disputes Redressal Commission.
- Consumer Protection Act, 2019 – Section 49(2) and Section 47: Govern pecuniary jurisdiction of the consumer commissions based on the value of the goods or services paid for.
- Indian Contract Act, 1872 – Section 39: When a party has refused to perform, or disabled itself from performing, its promise in its entirety, the promisee may put an end to the contract.
Limitation Period
Under the Limitation Act, 1963, a consumer complaint must be filed within two years from the date on which the cause of action first arose. The clock typically starts when the service was supposed to be completed and wasn’t, or when the deficiency became apparent. If you miss this window, you can apply for condonation of delay, but the consumer commission accepts it only for genuinely explained, reasonable delays. Don’t sit on your rights. Now, before you call your advocate, gather all your documents because limitation can be fatal if overlooked.
Interim Reliefs Available
In a consumer complaint, you aren't limited to a final order. Under the Consumer Protection Act, 2019, the commission can grant interim orders to prevent further damage. For instance, you can seek a direction restraining the designer from taking up new assignments or disposing of assets until the case is decided. While the Consumer Protection Act does not have an explicit provision for attachment before judgment like Order 38 of the Civil Procedure Code, the commission can mould relief using its inherent powers to secure the ends of justice. Request a status quo order to preserve the site in its current state, so evidence isn't destroyed. Such interim reliefs often bring the opposite party to the negotiating table quickly.
How Courts Typically Approach Such Cases
Consumer commissions look at these disputes practically. They’ll examine: Did the designer collect substantial money without proportionate work? Were there unexplained delays? Is there a pattern of ignoring communication? If yes, the commission will lean towards finding deficiency. The forum doesn’t require technical proof of exact percentage of work done — a common-sense assessment of site photographs, receipts, and witness statements often suffices. The commission will also consider the emotional distress and forced out-of-pocket expenditure. And the thing is, consumer forums are designed to be faster and less technical than civil courts. So if your documentation is clean, you can expect a favourable order within a reasonable timeframe.
Timeline of Legal Process
- Legal Notice (15–30 days): Draft and send the notice; await reply. If no constructive response, move to filing.
- Filing of Complaint (1–2 weeks): Prepare complaint with documents and file before the appropriate District Consumer Commission.
- Admission and Notice (2–8 weeks): The commission admits the complaint and issues notice to the opposite party.
- Reply and Evidence (6–12 weeks): Opposite party files written statement; parties submit evidence affidavits.
- Hearings and Arguments (2–6 months): Usually 2–4 hearings; the commission may encourage mediation.
- Final Order (1–3 months after arguments): The commission pronounces order.
- Execution (if needed): If the designer doesn’t comply, you can file an execution application.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Absolutely. Most consumer disputes settle after a well-drafted legal notice because the designer realises the legal exposure. Mediation through the consumer commission is also available — the commission can refer the matter to mediation under the Consumer Protection (Mediation) Rules, 2020. Pre-litigation mediation is another option. Lok Adalats can handle pending consumer disputes too. If the designer agrees to refund a lump sum, you can withdraw the complaint and record a compromise. Settlement saves time, money, and stress. But don’t settle for a vague promise — get a formal undertaking or a consent order from the commission so you can enforce it if breached.
Common Mistakes People Make
- Delaying the first legal step: The longer you wait, the more money the designer might divert, and evidence can weaken.
- Paying more money after the first breach: Each additional payment makes it harder to show that the designer defaulted from the start.
- Relying solely on a non-specialist advocate: Consumer law has specific procedural shortcuts and evidentiary standards. Engaging an advocate who doesn’t regularly handle such cases can lead to poorly framed complaints, missed interim reliefs, and unnecessary delays.
- Not documenting site conditions immediately: Without photos and a third-party report, the designer can later falsely claim partial completion.
- Communicating without record: Calls can’t be proved. Use WhatsApp or email, and preserve all messages. Don't delete anything.
- Venting on social media: Public posts can be used against you as defamation or may alert the designer to hide assets. Stay silent and let your lawyer do the talking.
FAQs People Normally Have
Q: Can I file both a police complaint and a consumer complaint?
A: Yes, they are independent. But a police complaint for cheating under Section 318 of the Bharatiya Nyaya Sanhita, 2023 requires evidence of dishonest intention from day one. Without that, stick to consumer court, which requires only deficiency in service.
Q: How do I value my complaint for jurisdiction?
A: The total value of the services paid for (not just the disputed amount) determines pecuniary jurisdiction. Include the contract value plus the compensation claimed. Below ₹50 lakh goes to the District Commission; ₹50 lakh to ₹2 crore to the State Commission.
Q: What if the designer has no assets?
A: That’s a practical challenge. However, a consumer order is executable; you can file an execution application. If the designer fails to pay, the commission can attach property or even impose civil imprisonment in extreme cases.
Q: Can I hire another designer before the case ends?
A: Yes. You have a duty to mitigate your loss. Document the unfinished state, get a fresh estimate, and proceed. The consumer forum will consider the additional cost as part of your compensation claim.
Q: Do I absolutely need a lawyer?
A: You can argue yourself, but a lawyer who knows consumer law will draft stronger pleadings, present evidence systematically, and ask for appropriate interim reliefs. Given the amounts involved, professional help is wise.
If You Are the Victim
- Stop all further payments immediately.
- Take extensive photographs and videos of the site showing the current state of work.
- Hire a neutral third-party assessor to inspect and give a written report on work progress versus payment.
- Gather all bank transfer records, receipts for direct material purchases, and complete WhatsApp chat logs.
- Send a formal legal notice through a consumer law advocate before approaching any court.
Documents You Must Keep Ready
- Signed copy of the interior design agreement or contract.
- All payment proofs: bank transfer receipts, payment app screenshots, cash receipts if any.
- Receipts for materials you purchased directly.
- WhatsApp chat exports with the designer, showing payment discussions and his unresponsiveness.
- Identity proof of the complainant (Aadhaar, PAN).
- Site photographs (geotagged, with timestamps) and a third-party inspection report.
- Contact details of unpaid labourers or vendors who can act as witnesses.
- Email exchanges if any, and call logs showing repeated unanswered calls.
What Evidence Is Required?
- Contractual documents: the signed agreement specifying scope and milestones.
- Financial trail: bank statements and transfer confirmations that match the payment amounts and timelines.
- Communication records: WhatsApp messages, emails, SMS showing demands for funds and subsequent ghosting.
- Site evidence: date-stamped photos and videos of incomplete work, absence of materials, and stalled progress.
- Independent assessment report from another interior designer or architect quantifying the work done versus payment taken.
- Witness statements from labourers or vendors confirming non-payment and lack of supervision.
- His unresponsiveness pattern: call logs from different numbers showing he answers only unknown callers.
Timeline of Legal Process
- Legal Notice (15–30 days): Draft and send the notice; await reply. If no constructive response, move to filing.
- Filing of Complaint (1–2 weeks): Prepare complaint with documents and file before the appropriate District Consumer Commission.
- Admission and Notice (2–8 weeks): The commission admits the complaint and issues notice to the opposite party.
- Reply and Evidence (6–12 weeks): Opposite party files written statement; parties submit evidence affidavits.
- Hearings and Arguments (2–6 months): Usually 2–4 hearings; the commission may encourage mediation.
- Final Order (1–3 months after arguments): The commission pronounces order.
- Execution (if needed): If the designer doesn’t comply, you can file an execution application.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India