Gandhi v. Sonal Furniture & Custom Draperies, L.L.C.

192 So. 3d 783, 2015 La. App. LEXIS 1403, 2015 WL 4268243
CourtLouisiana Court of Appeal
DecidedJuly 15, 2015
DocketNo. 49,959-CA
StatusPublished
Cited by9 cases

This text of 192 So. 3d 783 (Gandhi v. Sonal Furniture & Custom Draperies, L.L.C.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gandhi v. Sonal Furniture & Custom Draperies, L.L.C., 192 So. 3d 783, 2015 La. App. LEXIS 1403, 2015 WL 4268243 (La. Ct. App. 2015).

Opinion

CARAWAY, J.

hln this redhibition and unfair trade practices suit against the seller of designer furniture, the trial court granted judgment in favor of the furniture buyer against both the seller furniture company and its representative. Rescission, the return of [785]*785price, nonpecuniary damages and attorney fees -were awarded. Violations of both redhibition and unfair trade practices law were recognized. The seller appeals this ruling and its representative also contests the judgments assessment of personal liability against him. We amend the judgment and as amended, affirm.

Facts

In late 2012, Dr. Rajendra Gandhi and his wife, Vibha (“the Gandhis”), began investigating the idea of redecorating their home with custom designer furniture and draperies. In pursuit of this' plan, Dr. Gandhi, a devout Hindu, visited the Sonal Furniture and Custom Draperies, L.L.C. (“Soiial”) website. The company is located in Georgia. Dr. Gandhi became interested in the business which represented itself to be culturally and religiously like-minded with him and advertised the finest furniture and services.1

Impressed by what he saw on the website, Dr. Gandhi placed a phone call to Shyam Garg, a “partner” and employee of Sonal. The two arranged an appointment to meet, and Garg first visited the Gan-dhis’ home on December 24, 2012. During this visit, Garg took photographs of the home |2and indicated to the Gandhis that his interior designer, Lynn Gunter, was the best designer to be found.

During the first week of January 2013, the Gandhis and their son, Viraj, traveled to visit Sonal’s Global Mall showroom. The Gandhis and Garg walked through the showroom for 45 minutes before traveling to Garg’s show house in Macon Georgia, some 70 minutes away. Dr. Gandhi observed that the furniture in the showrooms appeared to be of very high quality and stressed to Garg his expectations that he receive high quality furniture in his home. Garg assured Dr. Gandhi that he would receive nothing but the best and guaranteed that everything would be delivered “on approval” and could be returned, if the client did not want it.

The parties agreed that Garg and Gun-ter would return to the Gandhis’ home at a later date. No written contract was ever entered into between the parties who corresponded by email and telephone. On January 10, 2013, upon Garg’s return to Shreveport with Gunter to take measurements and solicit Dr. Gandhi’s business, Dr. Gandhi gave Garg a $20,000 deposit.

During the second week of February, Dr. Gandhi was in India visiting his ill father when he received a telephone call from Garg.. Garg indicated that he and Gunter had “laid out furniture” and wanted to show it to the Gandhis. No date was set, but on February 18, 2013, Garg, Gun-ter and a four-person team arrived at the Gandhis’ home with three to four trucks, only two days after Dr. Gandhi returned from India. Dr. Gandhi was at work when he received a frantic call from his wife regarding the situation. |sHe was unable to leave his practice until noon and could not supervise the work going on in his home.

Garg’s entourage worked in the Gandhis’ home for five days. Dr. Gandhi trusted Garg to do his job and provide the best furniture. When Mrs. Gandhi pointed out scratches, Garg assured the couple that he would fix any problems or remove any unwanted items when he returned on March 31, 2012. When the work was completed, in the late evening hours of February 23, 2012, Garg presented the Gandhis with an invoice for a total amount of $210,000. The February 23rd invoice [786]*786showed the individual cost of each item installed in the office, foyer, dining room, family room, grand room, breakfast room, master bedroom, temple room and -tending, in addition to a bed for the Gandhis’ daughter and a grandfather clock and draperies. Dr. Gandhi had been unable to completely inspect the work and denied ever approving the work and furniture. Six items were returned at that time, however. ■ ■ •

The following morning, Garg showed-up at the house to discuss payment. Dr. Gandhi tendered a check for $150,000 (dated February 23, 2013 and deposited on February 27) from his personal account and a March 16, 2012 postdated second check from his business account in the amount of $40,000. In turn, Garg claimed to have presented the February 23rd several- page final invoice to the Gandhis. Garg claimed that he provided the Gandhis with a final invoice containing handwritten notes indicating the parties’ agreement to 100% satisfaction after 7 days’ inspection with -no questions or returns upon final payment on February 23, 2013. The Gandhis ^acknowledged receipt of an-invoice, but denied ever seeing the handwritten notes or agreeing that final payment precluded their return of unfavorable items.2

In the two weeks that followed, the Gan-dhis began to notice issues with the goods. Upon closer inspection, they found that “every piece was damaged,” and of a much lesser quality than whát they had seen in the showroom and expected to receive. Mrs. Ghandi called Garg on March 11 reporting that one of the breakfast chairs was broken. She called again on March 15 with complaints about a broken leg on an Italian console and black nails in the woodwork. During school break, Viraj also contacted Garg about the family’s dissatisfaction with-the work and goods. After these events, Dr. Gandhi placed a stop payment on the $40,000 check on March 18, 2013. He spoke with Garg and informed him of the situation.

By emails of March 18 and 19, 2013, Garg acknowledged the Gandhis’ complaints arid attempted tq prevent Dr. Gandhi from stopping payment on the cheek by warranting the “furniture for 25 years,” and explaining away any complaints. Garg also continued to promise his removal of anything unsatisfactory to the Gan-dhis. •

On March 21, 2013, Garg emailed Dr. Gandhi again, requesting that he be allowed to come to the house on March 31, 2013, “to fix and do whatever is necessary to make looks things good to your, satisfaction.” However, on March 28, 2013, Dr. Gandhi sent an email to Garg instructing | shim to pick up everything delivered and installed in the house and requesting a full refund by April 7,2012.

When Garg did not respond, Dr. Gandhi sent him a second email on March 31. Garg responded by email informing Dr. Gandhi that he had filed a criminal complaint against him and his wife -for stopping payment on the $40,000 check and defrauding the IRS by using corporate funds to pay for home furniture. Garg also claimed that Dr. Gandhi failed to pay for services rendered." Garg informed Dr. Gandhi that the case was going before a grand jury and he would be arrested.' He threatened to report Dr, Gandhi to the IRS and suggested that he would lose his medical license. Garg informed Dr. Gandhi that a wire transfer 'of $42,500 would [787]*787be sufficient for him to withdraw the criminal complaint. -.

Garg claimed that as he had promised, he had returned to' Shreveport on March 30 and 31, 2012, and uhsuccessfully made several- attempts to contact the Gandhis. When he failed to make contact with the Gandhis, however, Garg filed the criminal complaint. No further communication between, the parties occurred.

Dr. and Mrs. Gandhi instituted suit against Sonal, Garg and Gunter ón June 3,. 2013, initially seeking restitution, reason-, able damages and sums for violation of the Louisiana Racketeering Act.

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192 So. 3d 783, 2015 La. App. LEXIS 1403, 2015 WL 4268243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gandhi-v-sonal-furniture-custom-draperies-llc-lactapp-2015.