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Aditi Suresh Petition

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0% found this document useful (0 votes)
5 views13 pages

Aditi Suresh Petition

Uploaded by

Kirit Singhania
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1

BEFORE THE HON’BLE DISTRICT CONSUMER


DISPUTES REDRESSAL COMMISSION, PUNE

Consumer Complaint No………….of 2025

Aditi Suresh

Complainant

-VERSES-

Livspace India Private Limited

Respondent

INDEX

SL. Particular Page no.


No

1. Synopsis/Gist/ Summary 2-3

2. List of dates and events

3. Complaint 4-9

4. Affidavit 9

5. Address 10

6. Vakalatnama 11

7. List of Documents 12

Place:

Date: Complainant
2

BEFORE THE HON’BLE DISTRICT CONSUMER


DISPUTES REDRESSAL COMMISSION, PUNE

Consumer Complaint No………….of 2025

Aditi Suresh

Complainant

-VERSES-

Livspace India Private Limited

Respondent

SYNOPSIS/GIST/SUMMARY

The complainant and the complainant’s mother, Mrs. Jessy Hiwale, who engaged with the said respondent,
Livspace, in September 2024 for the interior design of their residence. The agreed-upon services included
end-of-end project management, where the complainant was assured that no daily supervision would be
needed, and the respondent would take full responsibility for the design, work execution, and final cleaning.
The total project cost was Rs. 13,14,747/- (Rupees Thirteen Lakh Fourteen Thousand Seven Hundred and
Forty-Seven Only). The complainant initially had proactive discussions with the respondent and was
assured of high-quality materials and services. However, after the design phase, the project’s execution
showed significant lapses. The completion date of 15 January 2025 was missing, and despite reassurances
on 9th February 2025, the respondent failed to meet the revised deadline of 16th February 2025. Further, on
12th February 2025, when the complainant visited the property, substantial work was still incomplete, and
construction debris was left in the kitchen and balcony. Additionally, the final cleaning was prematurely
done, leaving the property uninhabitable. The respondent’s workers repeatedly failed to show up or only
completed partial work, causing unnecessary delays. Despite raising concerns, few tasks remain to be
completed. The respondent also misrepresented the flooring material. The complainant had selected wooden
tiles, but they were given PVC tiles with a wooden design instead, which was never disclosed. This
misrepresentation led to the complainant paying over Rs. 1,00,000/- (Rupees One Lakh Only) under false
pretenses. As a result of the delays, misrepresentations, and lack of professionalism, the complainant and
3

her elderly mother, who has health issues, have suffered significant emotional distress. The complainant’s
mother, who is also the primary caretaker for her father, had to make frequent site visits, causing additional
strain on both. The complainant asks to provide an immediate refund with compensation for the
inconvenience caused by the respondents’ continued inaction.

Place:

Date: Complainant
4

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES


REDRESSAL COMMISSION, PUNE

Consumer Complaint No………….of 2025

Aditi Suresh
Permanent Address:
C/O: Suresh Hiwale, A-21,
Athashree Apartments, Mundhwa Road Near Amanora Mall,
Hadapsar, Mundhawa (n.v.) Pune, Maharashtra, PIN: 411036
Current Address:
301, A1 Wing, Orchid, Spring Valley Apartments,
Kirtane Baugh, Hadapsar- 411028
Email: [email protected]
Complainant
-VERSES-
5

The Authorized Signatory

Livspace India Private Limited


3rd Floor, Aurbis Business Park, Survey No. 58, 7,

Outer Ring Road, Devarabisanahalli, Bell, andur, Bangalore,

Bangalore, Karnataka, India, PIN: 560103

Respondent

COMPLAINT UNDER SECTION 35 OF CONSUMER PROTECTION ACT, 2019

Most Respectfully Sheweth:

1. That the complainant is a law-abiding citizen of India residing at the address mentioned in the cause title
of the complaint petition.

(Attached the Photostat copy of the Aadhar card of the complainant with annexed herewith as
“Annexure-A”).

2. That the complainant states that the said complainant and the complainant’s mother Jessy Hiwale were
engaged with “Livspace India Private Limited”, hereinafter referred to as the said Respondent in the
month of September 2024 for the interior design of their home. The complainant states that the services
promised included end-to-end project management, wherein the said complainant was assured that no
daily supervision would be required on-site, and that the said respondent would take full responsibility
for the design, work execution, and final cleaning. That the complainant states that the said complainant
paid a total cost for the project that was Rs. 13,14,747/- (Rupees Thirteen Lakh Fourteen Thousand
Seven Hundred and Forty-Seven Only).

(Attached the Photostat copy of the Project sign off document, Invoice bills and receipts, Payment and
Transaction bills with herewith marked as “Annexure-B”).

3. That the complainant states that initially, there were proactive discussions and interactions with the said
respondent, during which the said complainant was assured that the said respondent would provide high-
quality materials and services. The complainant states that however, after the design phase was
completed, the execution of the project began to show significant lapses.
6

That the complainant states that the said complainant had agreed-upon project completion date of 15
January 2025 was delayed. Despite this, the said complainant was understanding and based on a follow-
up conversation with the said respondent, on 9th February 2025, the said complainant and the
complainant’s mother were given assurances that the project would be ready for occupancy by February
16th, 2025.

4. That the complainant states that on 12th February 2025, the said complainant visited the property, only
to find that substantial work was still incomplete, with construction debris in the kitchen and balcony.
The complainant states that further, the final cleaning was prematurely done before the work was
completed, leaving the property in an uninhabitable condition. Despite multiple assurances from the said
respondent, workers failed to show up on numerous occasions, and when they did, they only completed
partial work without cleaning up after themselves. The complainant wants to mention that during several
instances, workers did not report to work as scheduled, causing undue delays and frustration for my
clients. Despite raising the issue, the management failed to resolve the situation effectively, and only
after the said complainant repeatedly insisted did they clear the debris.

5. That the complainant states that additionally, the said respondent misrepresented the type of flooring
material used in the living and dining area. The complainant had selected actual wooden tiles during
their office visit but were subsequently informed that the original tiles were too thick and were provided
with thinner alternatives. Upon installation, the complainant discovered that the flooring was not
wooden as promised, but was instead PVC tiles with a wooden design, which had never been disclosed
to them. Only the skirt boards were wooden. This misrepresentation of materials led the complainant to
pay over Rs. 1,00,000/- (Rupees One Lakh Only) under false pretenses, believing they were receiving
complete wooden flooring. That the complainant and her mother endured significant mental and
emotional distress due to the delays, misrepresentation, and lack of professionalism displayed by the
said respondent. The complainant was compelled to take time off work, and her elderly mother, who has
cardiac issues and is the primary caregiver for her father—who suffers from severe health problems,
was unnecessarily burdened with visiting the site to ensure the work was completed. That the
Complainant states that the complainant tried contacting the respondent’s concern several times
regarding the same, but the respondent’s concern harassed the complainant to provide a resolution and
totally refused to provide the same. After this unfortunate incident, the complainant had no other option
but to opt for legal measures.

6. That the Complainant states that the complainant wants their money to be refunded as soon as possible
from the respondent’s concern, the complainant contacted the respondent’s concern several times
7

regarding the same but till date no resolution took place from his end, despite of numerous intimations
and requests there was no resolution provided to the complainant from the respondent’s end and being
deprived of the facilitated service, the said complainant intimated the respondent’s concern on several
occasions by way of telephonic conversations in respect of the above mentioned issue. However, the
respondent has acted like flogging of a dead horse to provide resolution which is extremely
unprofessional in nature, due to the respondent’s aforementioned mala fide act and conduct the
complainant got duped the hard-earned money of the complainant which is hindering the complainant in
an erroneous way as the complainant has been facing the tremendous noetic agony and due to the same
the complainant has not got able to live the life in own accord.

7. That the Complainant states that being deprived of the proper and facilitated procurement, the
complainant again and again intimated the respondent by way of the telephonic conversation and by
way of electronic mail conversation in order to solve the said issue, however the executive of the
respondents have acted like flogging of a dead horse in lieu of providing the proper services to the
complainant and in lieu of providing the constructive reply to him till date.

8. That the Complainant states that the above mentioned dispute clearly states that there was negligence on
the respondent and the said respondent company is running an Unfair Trade Practice in order to dupe the
hard earned money of the complainant wherein respondents have intentionally provided the de novo
dreadful and deceitful service to the complainant and has not provided the proper and facilitated services
towards the complainant which has caused them unnecessary noetic agony and stress.

9. That the Respondents have miserably failed in providing right and proper service despite the
Complainant has paid the full amount to the respondent authority and thereby causing deficiency in
service.

10. Limitation Period: That the instant Complaint was filed on 25/02/2025 which is within the prescribed
limitation period in terms of the provisions of the Consumer Protection Act, 2019.

11. Cause of Action: That the cause of Action of the instant complaint arose on 25/02/2025 upon non-
performance of the Respondents of their obligations despite Notice of the Learned Advocate.

(Copy of the said Legal Notice by the duly appointed advocate of the complainant for compliance of
required services dated 25/02/2025, is annexed herewith as “Annexure-C”).

12. Territorial Jurisdiction: That as per Section 34(2) (d) of the Consumer Protection Act, 2019, the
instant complaint is within the jurisdiction of this Learned Commission.
8

13. That there is no suit pending or has been decided on the same subject matter between the parties by any
competent court of law other than the one described.

14. That the complainant makes payment of the requisite Court Fees.

15. That the Complaint is made bona fide and for ends of justice.

PRAYER

1. The Complainant application be kindly allowed.

2. Opposite party be kindly directed to provide an immediate full refund of the amount paid for the
misrepresented flooring of Rs. 1,00,000/- (Rupees One Lakh Only) to be paid by the said complainant.

3. Opposite party be kindly directed to pay compensation of Rs. 3,00,000/- (Rupees Three Lakh Only) for
service deficiency, continuous delay, unfair trade practice, harassment suffered by my client for an
unreasonable delay from the respondent’s side, for the mental agony, financial loss, and harassment caused.

4. Opposite party be kindly directed to pay Litigation Charges of Rs. 50,000/- (Rupees Fifty Thousand
Only).

Place:

Date: Complainant
9

BEFORE THE HON’BLE DISTRICT CONSUMER


DISPUTES REDRESSAL COMMISSION, PUNE

Consumer Complaint No………….of 2025

Aditi Suresh

Complainant

-VERSES-

Livspace India Private Limited

Respondent

AFFIDAVIT

I, Aditi Suresh, C/O- Suresh Hiwale, Age -….32……yrs, having permanent address- A-21, Athashree
Apartments, Mundhwa Road Near Amanora Mall, Hadapsar, Mundhwa (n.v.) Pune, Maharashtra, PIN:
411036 and Current Address: 301, A1 Wing, Orchid, Spring Valley Apartments, Kirtane Baugh, Hadapsar-
411028 and Email: [email protected], the above named complainant application are true to my
knowledge and belief.

Place:

Date: Complainant
10

BEFORE THE HON’BLE DISTRICT CONSUMER


DISPUTES REDRESSAL COMMISSION, PUNE

Consumer Complaint No………….of 2025

Aditi Suresh

Complainant

-VERSES-

Livspace India Private Limited

Respondent

ADDRESS PURSIS

The address of the opposite party/s mention in the complaint application is true and correct to the best of my
knowledge, information and belief. Hence this pursis.

Place:

Date: Complainant
11

I am not member of the Advocates Welfare Fund, stamps of Rs.2 are therefore, not affixed herewith.

VAKALATNAMA
IN THE COURT OF HON’BLE , PUNE, AT PUNE.
______________________ OF 20
______________________________________} PLAINTIFF/APPELLANT
______________________________________} APPLICANT/COMPLAINANT

VERSUS

______________________________________} DEFENDANT/RESPONDENT
_____________________________________________} OPPONENT/ACCUSED

I / WE the Undersigned,
______________________________________________________________
______________________________________________________________
______________________________________________________________
The above named _____________________ hereby appoint & authorize,

Adv. Omkar V. Pardeshi. [MAH/7548/2022]


Mob no.7020032133
E-Mail- [email protected]
Adv Code: Pune District Court
Pune Family Court 6078
Office Add: Pardeshi complex shop no.3, Subhash Chowk,
Shirur. Dist. Pune.412210.
To appear and plead for me/us as my/our Advocates in the matter.
In witness whereof I/We signed below this ___ day Of________2025
Witness ________________________________
________________________________
________________________________
Accepted and filed on / /2025 ________________________________
________________________________
________________________________
Signatures of Advocates _______________________________
12

BEFORE THE HON’BLE DISTRICT CONSUMER


DISPUTES REDRESSAL COMMISSION, PUNE

Consumer Complaint No………….of 2025

Aditi Suresh

Complainant

-VERSES-

Livspace India Private Limited

Respondent

LIST OF DOCUMENTS ENCLOSED

S. No Particular Page.No

1. Photostat copy of the Aadhar of the Complainant (Annexure A)

2. Photostat copy of the Project sign off document, Invoice bills and
receipts, Payment and Transaction Bills (Annexure B)
3. Copy of the Legal Notice by the duly appointed Advocate

Place:

Date: Complainant
13

BEFORE THE HON’BLE DISTRICT CONSUMER


DISPUTES REDRESSAL COMMISSION, PUNE

Consumer Complaint No………….of 2025

Aditi Suresh

Complainant

-VERSES-

Livspace India Private Limited

Respondent

Application under section 34(2) B of the consumer protection Act 2019


The complainant humbly submits that, the opponent party Livspace India Private Limited outside the
jurisdiction of this consumer commission, so permission to make a party opponent in this consumer
complainant application.

Hence this application.

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