• Cheating of a contractor

I am a retired person and I wanted to build a roof top green house garden. As I don't know anyone who is in the field I searched online and found some companies in Indiamart website. I got several names and chose one (but no basis for my selection as the guy called me within 30min). Initially he was very polite and so thought he is nice person ... so I entered the contract with him. Initialy I paid him Rs 50000 (cheque) and he brought the structural materials next day and instructed his guys as how to the work. The work went well for a few days and subsequently all went wrong (meaning no work) as he kept giving excuses. While I gave a threatening call he sent another guy (he said his brother) and took up the work to complete the structural work sincerely. Subsequently, the same brother told me that we need to get the roof material and need Rs 50000. I said the guy who made contrct with me should tell and then I give, within a few mins the guy called and told me that you give 50000 cheque. As soon as they took money from bank both of their cell is off all time. Some times it rings but no response. I can afford the money though I am retired. But as a true citizen of India I want them to get punished. I would appreciate if you could suggest me to take forward to curb such criminal. Besides, your suggestion of a honest lawyer will help me to make these guys not to cheat anyone in their life. I live in whitefield area in Bangalore> 

Thanks and I hope that I will get fruitful suggestion.
Asked 6 years ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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13 Answers

1.This is a clear case of cheating and fraud.

2. So you need to visit a nearest police station and lodge complaint in writing.

3. Whilelodginf complaint you can give the payments proofs and pending works.

4. On receipt of your complaint the police is bound to register FIR and cause necessary investigation.

If it fail to do this then you can file petition in the court of a Magistrate and seek direction for registration of FIR and proper investigation.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hi

Sir

lodge a police complaint against them for breach of trust , breach of contract and cheating you.

also you can claim compensation for mental trauma you are facing due to the pending work and loss of money.

Section 406 , 420 IPC are very well attracted here.

You can get a FIR lodged and also you can opt for complaint case.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1) file police complaint of cheating , criminal breach of trust against the contractor under section 406, 420 of IPC

2)enclose copy of agreement entered into with the contractor

3) your bank statement showing transfer of funds in the account of contractor

4)if police refuse to file FIR lodge private complaint with magistrate under section 156(3) cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Firstly you should have stopped the cheque payment by i timating your bank, i think you cheques have been encashed, you can file fir against these persons, but in such cases the scenario isthat the accused are not reachable, and until and unless they are not traceable nothing can be done. You cam file case for recovery if you have the address of these fraud people

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Lodge a complaint to the Police and file a case in Judicial Magistrate Court u/sec.156 (3) Cr. P.C. charge with sec.420,406 and 427 IPC.. You should also file a Complaint Case under section 12 of the Consumer Protection Act in District Consumer Forum.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Send a legal notice for recovery of your money.

If the notice fails to help, file a summary suit for recovery.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

A very good step from a vey true citizen. Thank you sir.

I suggest you to file a criminal complain of 420 IPC against them.

Then wait for 2 months, as you have mentions that you can afford a bit but to set an example for others, then Wait for the above mention period and then file writ petition of Mandamus in the hugh court read with section 482 of Cr. P. C, and this would also pull over the police which result into fast investigation.

I have suggested this because we all know about the working of our police.

Good Luck.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Please file a complaint with police also if you know their address file a consumer complaint against them and also a suit for recovery of money ....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1. Only the cyber crime police has facility to track them via mobile calls.

2. You can make a police complaint on this issue.

You may talk to me. I will work at free of cost in filing the complaint.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Hello,

Write the complaint in the paper and visit the nearest police station, this happens to be a clear case of cheating.

Attach the receipts which will disclose the transaction.

The police will register an FIR and start the investigation.

If police fails to do the same then file a complaint before the SO with regards to the non lodging of the FIR. Even after that if no action is taken then file complaint before the Magistrate under section 156(3) of the Cr.P.C.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You can issue a legal notice to them to their address either by yourself or through a lawyer in the local.

simultaneously you can lodge a criminal complaint for the offences of cheating and breach of trust with the local police station

You give the phone number to the police, they will track them and will bring them to books and proper action can be initiated agaisnt the fraudsters.

The company introduced these cheaters can also be taken into task for more effective action against them.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

File cheating case against that guy then he be punished and then others be not cheated

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

You can lodge a police complaint giving their address and whereabouts as per the contract and if the address is also found to be false, then police has to make an efforts with the assistance of banker who release the payment with some identification

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

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