• Family friend building contractor harassing senior citizen for more payment

Hi Experts,

My father, however without my knowledge and with consent of my younger and elder brother decided to construct a house on the land purchased by him few years ago. My father in law is also contractor to make small houses but my brothers decided not to hire him for constructing the house instead they hired a new bee contractor who unfortunately is their friend. Initially that's so called friend contractor has promised to construct the house in 15 Lakhs (paid by my father in cheques) and my pa didn't sign any contract thinking him to be a family friend but after 70% work is done he wanted more money which my father initially told no but that contractor somehow used his charm and agreed my father for paying another 3.5 lakhs. This time my father has taken I think an affidavit for this payment atleast. Two months passed and I think house was about 90% complete and then suddenly he stopped working. I think 3 months from now he would have stopped working and gave various reasons to my father like demonetization, my labours went home etc.. my father trusted his words and was ok even after paying extra 3.5 lakhs even though it was tough for him to arrange the same since he is retired government employee and worked at the post of grinder. Also within this period he was asking money by giving silly arguments like give me my transportation amount (in which he goes there in his car with her wife) for site visits and monitoring and was asking 65 thousand extra which my father denied, since no good or damn builder or contractor will ask money to go to his work. Yesterday came a shocking moment when this guy sent notice asking for 6.2 lakhs of pending installment and my father is completely disheartened and already a patient of disease having symptoms like Alzheimer. Now only today my father called my father in law for help, when he checked the notice, seems like it is sent by an advocate without any court stamp, asking to pay the amount in 15 days. 
Could you guys give suggestion how to go about this issue? 
Also he kept his locks on the house and says every time key is with my painter or some one else? Since as per land and house document my father is owner of property can we remove those locks and get in? any advice would be greatly appreciated?

I live away from my home town because of my job and not at all sad that my father didn't even tell me about the house construction and all, I just love my father since it's because of his sacrifices only I was able to study and now able to earn a living. Please give your valuable advice

Thanks in advance,
Nitin
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

1) contact a local lawyer . file detailed reply denying allegations made in the legal notice

2) mention that it was agreed that work would be completed at cost of Rs 15 lakhs

3) that as agreed payment of X amount has been made by cheques . further Rs 3.5 lakhs paid

4)there is no agreement to pay further Rs 6.2 lakhs

5) call upon contractor to complete the work immediuatedly

6) if he fails to do so terminate the contract . engage another contractor and complete the work and sue old contractor for damages

7) since your father is the owner of house he can break the locks and enter his house

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. A lawyer's notice does not require any court stamp, for your information. It is issued by him on his letter pad with his signature. Be that as it may, as your father has received the notice it is necessary that he should reply to it, failing which the allegations in the notice may be treated as being admitted by your father.

2. When you engage a contractor it is always desirable to execute an agreement with him, failing which the consequences would be what your father is suffering now.

3. Since your father is the owner of the property he has every right to break open the locks, but do so under intimation to the jurisdictional police station.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If he has received legal notice, it becomes the duty of your father to give reply notice

He should deny the alegations and in return should advise him that if he is not completing the construction then your father would slap him with a consumer case and also money recovery case for the money paid lastly which remains with the builder unnecessarily if he is not completing the construction.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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