• How to handle the contractor for in complete work?

We made a contract on be half of urban clap to complete cupboard work for 3 Bhk costs 2.75 lakhs.we have written document.even after paying agreed amount he refused to do TV unit and shoe rack.he demanded more money to complete by saying he got loss in the work,we agreed to pay 30000 more to compensate the loss,but he wants to pay all money before completing the work,he is telling he has bills and all worth more than what we paid to him as a proof when I go to a police station.please advice me how to handle him to complete our work.
Asked 5 years ago in Civil Law

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10 Answers

The terms of contract are sacrosanct

2) the contractor is bound to complete work within cots mentioned in the contract

3) don’t pay him more money before he completes the work

4) issue contractor legal notice to complete the work

5) if he fails to do so terminate the contract get work completed by another contractor and sue earlier contractor for damages

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

You need to send him legal notice to complete his work within the amount quoted and if he fails to do so you can lodge a civil suit for specific performance of contract. Also you can file consumer complaint seeking for heavy damages. Police will not interfere since it's a civil matter

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

If you decide you want to proceed legal action against contractor then file a breach of contract lawsuit to recover your losses you can file your claim in civil court. Although you will still need to produce evidence that the contractor breached the contract (i.e. provide invoices, pictures of the damage, copy of the contract agreement) hire a lawyer to fight your case.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you have done it through Urban clap give a legal notice for same.to Urban clap to complete the work along the contractor if they fail to complete same file a consumer compliant for deficiency of services.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

If after the written document also he is not completing the work and is trying to take more money from you then you may approach the police against him.

Also you may lodge a complaint with the dispute resolution team of UC.

You may also go ahead and file a case against the UC before the consumer forum for deficiency in services.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. it is not clear whether there was any clause for increase in price in future.

2. For loss he may have suffered in his own business you are not liable for this nor for this he is entitled to increase his quotation.

3. So if the contract was full and final the service provider is bound to provide the service as stipulated without any further payment.

4. Since it i happening otherwise you can seek your grievance from the consumer forum seeking necessary relief including refund of excess money, damages and compensation.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

If there is an agreement in this regard then you can approach to the consumer forum and complaint about the urbanclap to complete the work or or get you compensated along with the legal charges.

You simply send him a notice in this regard mentioning are the aspects and warning for legal process initiation on failure.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

File a case in Consumer Court if the contractor is a registered contractor having licence for the purpose.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You can approach police for breach of trust and cheating offences based on the written contract and his refusal as well as his harsh and unbecoming behavior;

You can approach consumer forum for deficiency in service seeking compensations and other reliefs.

You can approach civil court seeking specific reliefs.

Consult a local advocate and proceed as per the advises received.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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