• What to do when contractor gets cheated

One contractor has built several homes but customers do not pay him back on time. He invests money from out side to complete and handover as a supporting hand to customers but they always cheat him. They use bank loans released for house work for their personal benefits (buying car, marriage gold etc) when questioned they say where r we going it's our house eventually we will shift there. Because of lack of funds when the work pace is slow they start complaining. If the work has been stopped they file return cases of cheating. They come n try to defame the contractor with false allegations. Why isn't there any rule in favor of contractors and builders
Asked 5 years ago in Civil Law

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18 Answers

1) if customers do not pay contractor on time then he can issue legal notice to customers to make payment 

 

2) file summary suit under order XXXVII of code of civil procedure to recover dues with interest 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

Dear client,

Please, prepare a best drafted agreent in favour of you to avoid any losses or cheating. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

4.8 on 5.0

Here contractor should sign agreement and MOU what type of work will be done, in which time frame and how much of amount need to pay by owner of the house.

 

So in this quality of work, quantity of work, timeframe of work completion i.e. Schedule and amount paid all must be written. So nobody can blame contractor.

 

This law is very old from 1890 the Indian Contract Act.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Well, the buyers shave every right to take loan on any item they want.Now if the builder finds that he is not getting money in time then he has every right to cancel the agreement.

So in other words there must be a stringent terms or strict schedule of payment in default of which the builder must have stipulations to either to impose hefty penalty or to cancel the deal.

It is not highly improbable that all the buyers or majority of it in a project defaults in making payments.

The builder must have a corpus to stick to schedule of work if there is cash crunch from the side of the buyers.

If the buyers at fault to making payments in time then the outcome of the cases filed by the buyers would not go in their favour.

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

This is my response to you:

1. Is the contractor registered?

2. If the contractor does not abide by the agreement then he is liable;

3. If the agreement is favourable to the contractor then the contractor can make a counter-argument;

4. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Your side of story need to be heard in detail.s So meet an advocate with all papers to discuss in details. 

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

You have to file case properly and your lawyer should brief the case properly in the court so your point get focused and the chances of Winning case from your side.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

The builders and contractors can recover the amount , they can deny the possession of property till the party make full and final payment in case of delay along the interest. See there are laws which safe guard builders and contractors also. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See if they file false cases and defame the contractor and intimidate for money the contractor can first file quashing of FIR and then can file suit for defamation and complaint of defamation and intimidation. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Issue legal notice to accused to withdraw false and defamatory statements made against you

 

if they refuse File complaint of criminal defamation against the accused under section 500 of IPC for maligning your reputation 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

The person who has not paid money to the builder on time has not locus to raise a complaint against him.

The builder in the court can say that it is because of the people like the complainant who are not giving the money on time the project is getting delayed. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

As told above he can raise the ground in his defense. As and when the people dont give money the builder can send a notice for cancellation of the allotment and may then forfeit the entire payment made. 

The builder must include such terms in the MOU as well. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

The contractor or builder alo know the rules in this regard and they can very well initiate action against the defaulter.

No buyer will utilise the bank loan funds for some other personal purpose, in fact the banks generally give cheques to the builder's name hence ther are no chances to cheat the builders.

The builders take up the projects which are beyond their capacity and get stuck when they dont find funds for progressing the project.

There are very rare cases that the buyers cheat the builder hence it is not a common sight for which you may be looking for a solution.

Even otherwise the builders know how to recover the amount with interest as per the conditions of the sale agreement and as per law.

 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2208 Consultations

5.0 on 5.0

The incident what you mention are very rare and sporadic and not a regular affair.

There may be a customer or two who would indulge in such activities. 

As the builder is having all documentary evidences of the payments received, he can produce the same before police and can get rid of such menaces.

In case of any serious issues, the builder can very well initiate legal process against such unscrupulous people with the help of his advocate as per law and the conditions of the sale agreement.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2208 Consultations

5.0 on 5.0

You can file a suit for specific performance of the said mou and make them pay the said amount

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

contractor can file a recovery suit under Order XXXVII the Civil Procedure Code, 1908. Since you have all the proofs with you with regard to the contract, reminders etc... 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client

Law is equal for everybody there is no difference between a contractor and a house owner in the eyes of law. And if you have a written contract with the owner then you can file a suit for breach of contract, cheating and for compensation on the owner for not giving the payments on time for that you should have all the records of payment received from the owner and you can also file police complaint of cheating.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

You may approach police or Magistrate directly by filing a complaint or private complaint.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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