Kyle Barnett Apr. 25, 2013, 4:57pm

GRETNA – A New Orleans-based interior design company is suing a Brooklyn, N.Y-based carpet sales store for not providing it with a proper refund for carpet sales.

Interior Motives filed suit against Art Flock & Screen Inc., Kane Carpet Company and Quality Carpet Company in the 24th Judicial District Court on Feb. 20.

Interior Motives claims it ordered carpeting from Kane Carpet Company for a church renovation project. The plaintiff alleges it placed an order by phone to the defendant on Feb. 15 for four rolls of carpeting that would be delivered by March 27 to be installed prior to an event being held at the church. Interior Motives asserts it paid a deposit of $8,472.96 on Feb. 22 only to later learn the carpeting would not be delivered by the previously agreed upon date, at which time the order was canceled.

The plaintiff claims that on April 3 it re-ordered the same carpeting after being unable to find a carpeting they liked as well. As with the previous order Interior Motives placed a deadline on the delivery of the carpet within one to two days before April 20 and another church event. Upon finding out that the carpet would not be delivered by that time in a subsequent conversation with Kane Carpet Company representatives Interior Motives canceled that order as well and demanded a full refund of their deposit, which it claims was granted verbally. However, the plaintiff asserts when it received the refund  restocking fees of $3,823.20 and $2,867.42 were taken out of the original deposit for the two orders, as well as a carpet sample fee of $38.03, and it was only given back $1,744.34 out of the original $8,472.96 deposit.

The defendant is accused of breach of contract and failing to perform to its obligations.

An unspecified amount in damages is sought for non-pecuniary loss and delay.

Interior Motives is represented by Karen Matherne O’Brien of Marrero-based O’Brien and de Blanc LLC.

The case has been assigned to Division J Judge Jo Ellen Grant.

Case no. 724-086.

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