If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra, a resident of Shantinagar, hired a firm called “Creative Spaces Designs” to renovate his new apartment. He was impressed by their portfolio and promises of timely completion. As per the agreement, Mr. Mehra paid an advance of ₹4 Lakh to initiate the project. However, weeks turned into months, and the work barely progressed. The project manager, Mr. Kapoor, kept giving excuses, from material shortages to labour issues. Fed up with the constant delays and broken promises, Mr. Mehra has decided he no longer wants Creative Spaces Designs to continue the work. His primary concern now is to terminate the contract and recover the advance payment he made.

Advice in such cases

• Review your agreement thoroughly. Look for clauses related to project timelines, payment schedules, termination, and breach of contract. This document is the foundation of your legal position.
• Send a formal legal notice to the interior designer through a lawyer. The notice should clearly state the breach of contract (delay in work), your decision to terminate the contract, and a demand for the refund of the advance amount within a specified period (e.g., 15 or 30 days).
• Consider filing a complaint in the appropriate Consumer Disputes Redressal Commission. Since hiring an interior designer is a ‘service’ for consideration, any deficiency, like unreasonable delays, falls under the Consumer Protection Act, 2019.
• If the amount is significant and the contract is purely commercial, you can file a civil suit for recovery of money and damages for the breach of contract in a civil court.
• 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 of 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

Applicable Sections of Law

• The Indian Contract Act, 1872: Sections concerning breach of contract (Section 73 and 74) are applicable for claiming damages and recovering money due to non-performance.
• The Consumer Protection Act, 2019: This Act protects consumers against “deficiency in service.” Unjustified delays and failure to complete the work as promised constitute a deficiency in service, allowing you to seek a refund, compensation, and litigation costs.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If it can be proven that the designer had a dishonest intention from the very beginning and never intended to complete the work, a criminal complaint for cheating under Section 318 of the BNS could be initiated. However, proving this fraudulent intent can be challenging.
• The Code of Civil Procedure, 1908: This governs the procedure for filing a civil suit for recovery of money in a court of law.

If you are the complainant

• Gather all your documents meticulously. This includes the signed agreement, all receipts or bank transaction details of payments made, and a complete record of communication (WhatsApp chats, emails, letters) with the designer.
• Document the state of the incomplete work with dated photographs and videos. This will serve as crucial evidence of non-performance.
• Do not get into verbal altercations or make threats. Keep all further communication formal and preferably in writing.
• 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 of 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

If you are the victim

• Your first step should be to secure all evidence. Make copies of the contract, payment proofs, and communication logs.
• Send a well-drafted legal notice. This is a formal step that shows your seriousness and is often a prerequisite for litigation. It can sometimes pressure the other party into settling the matter without going to court.
• Act within the limitation period. For filing a civil suit, the limitation is generally three years from the date the cause of action arises. For consumer complaints, it is two years.
• 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 of 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

How the police behave in such cases

In most instances, the police will view such a dispute as a civil matter arising from a breach of contract. They are often reluctant to register a First Information Report (FIR) because delays or poor workmanship are not inherently criminal offenses. They will likely advise you to seek a remedy in a civil court or a consumer forum. However, if you can provide strong preliminary evidence suggesting a pre-planned fraud (for instance, the designer took money from multiple clients and disappeared, or used fake credentials), the police might be persuaded to register an FIR for cheating under Section 318 of the BNS.

FAQs people normally have

What evidence is required?

• The written and signed contract or agreement is the most critical piece of evidence.
• Proof of all payments made, such as bank statements, cancelled cheques, online transfer confirmations, or signed receipts.
• All written communication, including emails, text messages, and WhatsApp chats, that discusses the project, payments, and delays.
• Photographs and videos of the project site showing the incomplete or deficient work.
• If any third-party expert (like another architect or contractor) has assessed the work, their report can be used as evidence.

How long will the investigation take?

This is not a police investigation but a legal proceeding. The timeline varies greatly. Sending a legal notice might resolve the issue within 15-30 days if the designer agrees to refund the money. A case in a Consumer Commission is designed to be speedy and can be resolved within a year, though complex cases may take longer. A full-fledged civil suit for recovery is the longest route and can take several years to reach a final verdict, depending on the court’s schedule and the complexities of the case.

Advocate Sudhir Rao, Supreme Court of India