• Cheating by contractor

I got into a contract with contractor reefered by a colleague for building my small home, initially he was very polite and down to earth, also started work with his own money, but later work slowed down drastically, I made payments according to agreement, paid 2.5 lakhs extra and waiting for him to complete roof and other work, he does not deny he will not do but delay is more than 6 months, at times he starts saying I have spent more than u have given, while I Have written and photo sent by him just before roof of the work which is only 3 lakhs spent, he even repeated work due to improper construction, 

1. I got it written by him that he will finish in Oct 15th and got it signed d in the same agreement below, payments made also signed every time I made payment, is it valid ??
2. Property is in the name of my mother in law, can I lodge a complaint to avoid her going through all this?
3. Can I go to his house, other work places constructing and threaten him to get my work done ? Will it help 
4. What are his chances of claiming he is spent more than I paid considered as valid in court
5 How is the recovery of my money in case me winning the case ?
6. What are my chances of winning ?

I have all the proofs, messages, audio recordings, images of 
Faulty work

Kindly advise
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Yes it is valid

2)complaint has to be lodged by MIL

3) don’t threaten him issue him legal notice to complete work as per the contract

4) contractor cannot claim more than the payment terms agreed in the contract

5) you have to terminate contract if he has refused to complete balance work

6)claim damages for loss suffered by you and get work done by other contractor

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

1. Since you have a written contract with him he can be made liable to honour his contractual obligations.

2. Even if the property is in the name of your mother-in-law you can sue the contractor for breach of contract to seek damages.

3. If he claims he has spent more than what has been paid to him then he has to bring evidence to this end.

4. You stand a good chance to recover your money.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

First of all let me tell you that the agreement which you have does not amount to much unless it is a registered onealthough it is the only document you have which says that a house has to be constructed. You have audio recordings etc. But the agreement has to be shown in order to get adequate Relief.

All the receipts of the material used etc have to be put before the court.

A complaint before the state consumer redressal forum us maintainable and should be filed.

Threatening a person is an offence and hence is not advisable. He would lodge false cases against you of criminal intimidation etc.

You can file a complaint on behalf of your mil. Engage a good lawyer and provode him with all the details etc.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. I got it written by him that he will finish in Oct 15th and got it signed d in the same agreement below, payments made also signed every time I made payment, is it valid ??

Ans: yes it is valid document. You can produce before Courts and Consumer Forum.

2. Property is in the name of my mother in law, can I lodge a complaint to avoid her going through all this?

Ans: Yes, the criminal law can be set into motion by any citizen of India.

3. Can I go to his house, other work places constructing and threaten him to get my work done ? Will it help

Ans: No, never take law into your hands and he may file complaint against you for giving life threatening to him.

4. What are his chances of claiming he is spent more than I paid considered as valid in court

Ans: Yes, you can claim entire amounts and compensation for mental torture in Consumer Forum without paying any court fee.

5 How is the recovery of my money in case me winning the case ?

Ans: Yes, You can execute the decree against him and get the amount by attaching his property and if resists he will be put into jail.

\

5. What are my chances of winning ?

Ans: your winning chances are 100 percent as there is agreement and he cannot deny anything except agreeing that he was delay in constructing the building. Get issue a legal notice by sharing your documents then get file a complaint before consumer forum. The relevant law is as follows.

=====================================

Consumer Court

FAQ’s

1. Who is a Consumer ? A Consumer is a person who purchases a product or avails a service for a consideration, either for his personal use or to earn his livelihood by means of self employment. The consideration may be: ∑ Paid ∑ Promised ∑ Partly paid and partly promised. It also includes a beneficiary of such goods/services when such use is made with the approval of such person.

2. Who is not a Consumer ? A person is not a consumer if he/she: ∑ purchases any goods or avails any service free of charge; ∑ purchases a good or hires a service for commercial purpose; ∑ avails any service under contract of service

3. What are Goods? “Goods” means every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of the sale.

4. What is a Defect? “Defect” means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for time being in force or under any contract, express or implied, or as is claimed by the trader in any manner whatsoever in relation to any goods.

5. What are Services? “Service” means service of any description which is made avail

https://consumerhelpline.gov.in/ConsumerCourt.pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. yes, it is a valid piece of evidence.

2. Yes but get it done though your MIL only unless she has given you a POA.

3. Threatening is a criminal offence. So you can not do this. You can demand your work within time but can not intimidate him.

4. This has no validity if he has not raised this issue in writing before.

5. File case before the consumer forum. That is more efficacious and cost effective where you will get enough damages and compensation to recover your loss.

6. You have every chance of winning..

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Yes it will be treated valid and can be treated as evidence of the transaction.

2. See contract is between you and contractor or mother in law and contractor and further ultimately who is consumer? Accordingly a complaint has to be filed.

3. Don't do that he may file a case of intimidation on you .

4 sir for that agreement and invoices and bills have to be seen agreed price has to be seen.

5. Execution there are prescribed way to execute the order by attaching property bank account of judgement debtor.

6. You can file a consumer complaint for delay and deficieny of service if there are evidences of delay and faulty work you will get damages.from.the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, it is advisable to register a FIR under 420,406 for cheating and criminal breach of trust ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If you are doing any illegal work threatening him personally then it will go against you your mother in law can file a case in the consumer forum against the contractor are not fulfilling his obligations that is citation service and is liable for a compensation we can claim a compensation along with the amount paid for the losses due to shortage in service provided

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

In case of delay in delivery of possession by the contractor, the legal options that are available file a consumer complaint or file a civil suit against the contractor for recovery of money along with interest.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

If the property is in your mother in law's name and if the agreement was entered by her with the builder, then she only has to initiate legal steps on this.

That will be illegal and it may backfire, he will lodge criminal complaint against you because you are not the owner.

You have to prove it with evidence or challenge his claim.

By filing an execution petition.

It depends on how you present your case and convince the court.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Sir lodge a police complaint against the contractor for cheating taking away the money not making payments .further if vendor threathreat to damage property there names can be included too.

The vendor cannot take down mould they have no agreement with you they are liable to proceed against contractor for recovery.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There is no proving of contract with material suppliers 

 

suppliers have to sue contractor to recover payments 

 

file police complaint of criminal intimidation under section 506 of IPC against suppliers 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

File police complaint against supplier for threatening u/s 506 of IPC.  Payment dispute between supplier and contractor how can supplier remove moulding work. Supplier is third party your agreement is with contractor not with supplier. 

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Since you have engaged the services of a contractor, you have nothing to do with the material supplier.

The material supplier cannot threaten you with such activities.

You can lodge a criminal complaint against the supplier for his such illegal activities.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

If there is no documentary evidence between you and that dealer/shop about receipt of materials then you need not bother. 
In the meanwhile get a issue a legal notice to the contractor to pay the amounts to the other party and a copy may be
marked to the supplier.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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