• Cheated by builder and the neighbour has constructed illegal balcony and stairs in front

Hello Advocate sir,

We have paid 5,97,000 to our contractor to construct our property but instead he only has done work of about 4,00,000-4,50,000 and he keeps on telling that the work is only of couple of weeks since past 1 and a half year but he is not completing it, instead he is telling that he doesnt have money and he will do it if he gets money but the thing is we have already paid him the money. By the way he hasn't even given us a receipt of 57000 rs yet and keeps on telling that his receipt book hasn't been printed yet since past one year. He started working on another project and he has blocked all our numbers. Whenever we visit his house his wife and children say that he is not home. We know that he is scamming us as he is not giving us the receipt and he has blocked all our numbers and is refraining from talking to us. And our neighbour of the constructed property has build an illegal balcony and stairs infront of our property by totally blocking it from front hence it is not visible from road now as it is a road touch property and I dont know what to do as those guys are goons/criminals and they do illegal stuff and they also warned us a couple of years ago that if you start constructing this property all the people in your home will die and he said he won't kill us but will use black magic instead and in one year all the mature male including my dad and my uncle who handled this kind of stuff have passed away and everyone in our house is sick. What can we do to against contractor and our neighbour to resolve the issue? Please help us, your help will be very helpful.
Asked 4 years ago in Property Law
Religion: Muslim

2 answers received in 30 minutes.

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9 Answers

File RTI application with municipal corporation as to whether plans have been sanctioned for construction of balcony and stairs

2) if no such plans sanctioned construction is illegal and liable to be demolished

3) if muncipal corporation refuses to do so file suit and seek court orders for demolition of unauthorised construction

4) as far as contractor is concerned you should issue him legal notice to complete the pending work

5) if he fails to do so file civil suit for damages fir loss suffered by you

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Send a legal notice to this contract giving him the last chance to complete the pending constructions and provide you the receipt for payment already made to him.

In case he fails to comply with the legal notice, take recourse to appropriate remedies available to you under the civil and criminal law.

Report the black magic having being performed on you and your family to the Police.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

You may put a civil case with all your documents for a relief of permanent injunction. In the meanwhile you may also file a private complaint. I think in the given situation when conduct of the neighbor is criminal in nature then you cannot stay peacefully in your house. You have constructed the new house with lot of hopes to get peace. If you don’t mind think of selling the same and purchasing some other house.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Obtain a hand written receipt from contractor

2) if muncipal corporation refuses to act file writ in HC to direct muncipal corporation to demolish illegal construction

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Yes, you can file a case against this contractor after you serve a legal notice upon him.

Police will lodge a FIR against them and book them for practising black magic and spreading superstition.

Move a complaint before the concerned Authority/Municipality which must have approved their building plan so that the illegal and unauthorised construction raised by them be demolished.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

File a case against him before consumer forum

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

If the contractor breached the contract conditions then you may issue legal notice to him cancelling the contract and demand compensation as well as refund of amount paid to him.

Failing to repay or comply with the demand made, you may drag him either to with civil court for recovery with interest or to the consumer forum for recovery and compensation.

If your neighbor's construction is disturbing deprives your easement rights, you may file a suit for mandatory injunction agaisnt the neighbor.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

You can get an acknowledgment from the contractor to that effect and also fcan refuse to pay extra amount other than the amount fixed in the contract agreement.

For neighbor the only remedy is to obtain an injunction order against them for pulling down the construction that deprives your rights.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Hi,

If you have given the amount by cheque or other mode then you may proof by bank transactions. You are suggested to give a legal notice for specific performance of the contract/work and then you may file the court case claiming all damages.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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