- Interior work not finished Open
I am concerned for myself Mr Tarun Saxena addressed at T*-***, Godrej Infinity, Keshavnagar Mundhwa, Pune (hereinafter referred to as “Flat” or “Apartment”), to whom you have issued a notice dated **th April ****. This document has been written as an appropriate reply. Before responding to the allegations made by you in the notice, I wish to enumerate the facts of the case:
a) There was an undocumented understanding for exchange of services dated **th July **** between myself and M/s. Home Interior Designs E- Commerce Private Limited (hereinafter referred to as “the Company” or “Livspace”) for availing the Company’s services with respect to complete customized interior designing and renovation. The Project Id communicated was ****** (hereinafter referred to as “the Project”) along with the timeline for the completion of the project as Dec ****.
b) The Company then changed the time line of the project multiple times, delaying it unilaterally by * or * weeks in each iteration. Not just I had to pay rent in for my rented accommodation for the entire period; I was continuously chasing the project team so that the project is not delayed further. I was met with baseless responses, if any, for the delays. (I can provide multiple evidences of mails/calls/whatsapp conversations of chasing Livspace and protesting against the delay)
c) By end of February **** about **% of the payment was made. As per the Livspace Hub (the Company’s website hereinafter referred to as “the website”) the finish date had been pushed till **th March ****. I had made arrangements to move into the house shortly after that. There was once again a delay in the project. And this time due to the advent of Covid-** and the associated restrictions, I had to bear the cost of my rented accommodation for * more months.
d) Well before the unlock guidelines came into force, I got in touch with Livspace to finish the remaining work so that I can move into my home without further burden of rent. Livspace’s policy to pay for the client’s rent in case of project delay was suspended due to unforeseen Covid situations.
e) There was no meaningful response from Livspace and even after writing multiple email and trying to connect with the Livspace team over Whatsapp and call, there was no progress. Left with no option, I had to get the minimal work done so that the Apartment was liveable. This was informed to the Livspace team over Whatsapp. Finally I shifted into my Apartment on *th June.
f) The project was still not finished; hence I was following up with Livspace team regarding when they can re-start the work. Again I was met with no meaningful responses, with any communication being completely ignored at most of the occasions. This was when I had already paid **% of the project value and the time line of the project delayed by more than **% till now.
g) Finally I wrote an email on *th July ****, enunciating my frustration and my wish that the project be marked completed since I no longer wish to continue with Livspace as a contractor for the remaining interior design work. (A Copy of the E-mail dated *th July, **** has been marked herewith as “Annexure *, Exhibit *”).
h) On **th July ****, the Livspace website showed the Project marked as “Completed”. On seeing this I, though frustrated, thanked Livspace for listening to my request, and demanded that the Warranty documents be provided since they were not available on the website. (A Copy of the website page showing project as Completed has been marked herewith as “Annexure *, Exhibit *”. A copy of the mail sent to Livspace acknowledging the Completed state of the project and aforesaid website page as attachment has been marked herewith in “Annexure *, Exhibit *”)
i) Consequently, I started looking out for external vendors to get the remaining work completed. I also informed Livspace via an email dated *st Aug **** that an external vendor had been finalised and that the remaining work would start the next day and a subsequent email on *th Aug **** that work has been started by external vendors and would complete soon. (A Copy of the E-mail dated *th Aug, **** has been marked herewith as “Annexure *, Exhibit *”).
j) There was again no response from Livspace until **th Aug ****, wherein Mr Ashish Pandey (then Livspace City head of Operations, Pune), wrote that the project had been marked as “Completed” erroneously which has been corrected now, and that there is still payment pending for the project and only after receiving the payment, the rest of the work would be completed. By this time, the external vendors that I had engaged had completed the remaining work and I had duly paid them in full for their services. (A Copy of the E-mail dated **th Aug, **** has been marked herewith as “Annexure *, Exhibit *”).
k) The result being that there was no pending work for which I had to pay Livspace for. Also, since the “Completed” state was seen on **th July, all dues were assumed settled. I still followed up for the warranty of the modular furniture fittings but to no avail.
l) The Company denied the rightful warranty to me. Rightful because, the project was marked completed as on **th July ****. Livspace then continuously sent “Payment Pending” mails in malafide intentions to extort money from me, for a set of tasks that no longer existed.
m) I was always a responsible customer and payed any dues that were raised by the company on time, even when the company was delaying the project. And I did so until **th July ****, the date when the project was marked completed.
n) I did not pursue any legal discourse with the District Consumer Forum for all the delays and mental harassment by Livspace, in good faith and being considerate, considering the covid-** situation and that the company would be going through a tough time. I also did not ask for any financial reparations for the many months of extra rent paid by me (as a result of Livspace project delays) and the mental harassment caused by Livspace. I only asked for the rightly deserved Warranty for the Modular furniture.
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Refund / Credit for purchase
Damages for loss and agony
"A lot of thanks to Voxya. I got my refund today. Moreover, the company called for an apology too."
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Aug 19, 2020 by K.s.ravindran
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Dec 07, 2019 by Chandresh Kumar
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