Tribunal Rules Auckland Handyman Must Pay Man $17k For 'Awful' Renovation - But He Can't Be Found

Friday, 11 October 2024, 6:40 pm
Article: RNZ

Melanie Earley, Senior journalist

An Auckland man says a handyman with a history of leaving work unfinished has been ordered to pay him over $17,000 for a poorly done bathroom renovation, but two months later he is still waiting to be refunded.

Glenn Rust, from Waimauku, said he hired a man he knew as Sam Kumar from On Call Renovations to renovate his bathroom and do painting while he was in Rarotonga celebrating his daughter's birthday in February.

Rust said he found Kumar, who is also known as Sanjay Kumar or John Sam Kumar, on Facebook, and was assured he could do the work in 10 days.

But when he got back, the work was unfinished and what had been done was "awful", Rust said.

"The vanity was installed crooked, there was rubbish everywhere, paint on my couch, carpet, shirts and blinds and the waterproofing for the bathroom wasn't compliant.

"He finally agreed to fix it in May, but kept making excuses about being sick and then blocked my number and Facebook profile."

Rust said he had paid $15,000, with only $3500 being returned.

"The entire bathroom needs to be pulled out and re-done, meaning I'll need to stay somewhere else for a week or so".

Rust decided to take Kumar to the Disputes Tribunal to try to get his money back.

A tribunal ruling from 9 August, seen by RNZ, showed referee Johanna Perfect ordered Kumar to pay Rust $17,690.91 by the end of September.

Kumar did not turn up to the tribunal hearing despite "being called four times", and during it Rust supplied photographs of the work and had his friend, who was a plumber and had seen the work, give evidence on what he called "sub-standard workmanship".

"I find Mr Kumar failed to provide a service with reasonable care and skill and it was not fit for purpose," Perfect said.

"The extent of the failure is substantial and all work must be ripped out and done from scratch."

Perfect noted Rust had proven Kumar claimed to be a licensed building practitioner on his website, by taking a screenshot before the words were deleted. Kumar is not a licensed practitioner.

Despite the ruling, Rust is yet to get any payment and said he was at a loss on what to do.

"I can't find this guy, and since I can't find him he doesn't have to pay me as it's considered a civil dispute."

RNZ contacted Kumar for comment, but he did not respond. Instead, he emailed Rust saying "thank you" for contacting the media.

"As I don't have jobs there will be no jobs in future too. Thank you," he said.

He did not respond as to whether he would pay the amount ordered by the tribunal.

Others still waiting for refunds

Roshni Devi spoke to RNZ earlier this year about her interactions with Kumar, who she said left her with an unfinished garage and poorly done flooring.

She had wanted a refund of the $30,000 she paid him.

Devi filed a police report against Kumar, but said she had not heard anything since and has been unable to get any money back.

In the past, Kumar has done renovation work across Auckland, using different company names including RJ Handyman Services Ltd and SSK Renovation and Home Services.

Three others RNZ spoke with in the past all won Disputes Tribunal proceedings against Kumar, but none received all of the money owed.

Two said they were never repaid, while the third said he was paid about 20 percent of the money.

MBIE's advice

The Ministry of Business, Innovation and Employment (MBIE) can investigate and prosecute people who breach the Building Act.

MBIE's manager of investigations Kathryn Young warned anyone wanting building work carried out should do their "due diligence" and make sure the builder they were using was licensed before work began.

"Carrying out work without a licence can incur a fine of up to $20,000," Young said.

"Complaints about non-licensed individuals and individuals carrying out restricted building work can be investigated, but victims need to file a complaint and provide evidence."

Young said "due to privacy", MBIE could not comment on whether any complaints had been laid against Kumar.

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