Issue contractor legal notice to complete the work within period of 15 days of receipt of notice failing which you would be forced to terminate the contract and sue contractor for liquidated damages as provided in contract
Non-compliance in promised work and after advance payment towards kitchen interiors
I am dentist by profession and I got possession of a flat in Mumbai about 5 months back . I had decided to rent out the place after doing all the interior work of the flat . One of the requirements was to get the kitchen interior work which included cabinets , SS trolleys , storages etc .I have a contract to a company which seemed very professional and competent in their work . They had showcased their previous work in for of pictures , videos and drawings etc. I made the contract with them and as per that the work would have been completed in one months’ time. The contract value was 1.85 lakh and then Rs.10000 got added due to small addition of a extra pull out drawer . I had complied with their payment demand by payment if one lakh immediately. Thereafter there was no communication of the kitchen contractor for over a month . After that they called and said you will have to pay another 50000 since we are going to carry all raw materials to the site . I agreed to pay up as per their request but again when I actually went on-site hardly any materials were present . Thereafter after coaxing a lot , only boxes of the foam material that was used have been installed with a few trolleys . More than 40% work is not done in spite of several calls reminders and even threats to lodge s complaint with consumers court. It’s been close to 3 months now and now I am not getting any answer from the contractor about the major remaining work . I have already paid 1.50 lakhs our of the 1.95 Lakhs. Now I need to seek legal help to bail me out if this situation since my tenants are constantly asking me about the work completion date .. Is there any way that the contractor can be made answerable to complete work as promised ?
Asked 6 years ago in Civil Law
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14 Answers
- Well you have two options available--- a) to file consumer complaint as you have already indicated; or b) sue them for specific performance of contract.
- Remedy under consumer protection act (ie moving consumer Court) is speedier remedy; but under certain circumstances, suing for specific performance of contract provides the most effective remedy.
- Hence, which remedy is most suitable to redress your grievence can be decided upon only on exhaustive consultation with you. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to pay me a visit. I'm prepared not just to advice you but also file the appropriate petition and plead as your counsel (Advocate) and take your case to it's logical conclusion.
Issue a legal notice to the contractor stating to complete the entire work within one month (or give some extra time as per field requirement) faiiling which both civil and criminal action shall be initiated making him solely responsible for any loss or damages.
file case after the notice period.
Yes, as the contractor has committed breach of contract and you have all the bills and payment receipt with you , file a recovery suit against him with additional Rs.10 Lac for damages before the competent court.
This is my response to you:
1. Send a legal notice;
2. Ask them to give a deadline to finish the job;
3. If they do not, then send a legal notice under consumer protection act for deficiency of services;
4. The reason for filing legal notice under CPA is that you give 30 days notice after which you have to approach consumer court;
5. Consult a local lawyer and take steps.
Dear Sir,
Get issue a legal notice through a advocate.
Better file FIR against the contractor, Consumer complain will take time or can recourse later. You have been duped and you also failed to be precautious , advance payment never made.
1. Police complaint
2. Narrate the entire event on social media and tag the contractor if he is on social media
3. or make a post on any social media platform and whatsapp it to the contractor - basically shame him for his default - you wont be sued for defamation since what you will be stating will be facts
4. court route will be expensive
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... 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.
Yes in this case you can drag them through consumer court and make them pay the amount or compel them to complete the work through compensation. You can also file criminal complaint of IPC 420 as they have cheated you in the same. The best way will be a consumer complaint. You can contact me through kaanoon and I will assist you on the same
This is clearly a case which comes in deficiency of service under Consumer Protection Act. You can issue legal notice to him by engaging advocate and if he doesn't complete work than file a consumer complaint in which you can ask for refund of money and compensation.The case also comes under Specific Relief Act.
You should Serve him a legal notice through your advocate for asking him to complete the work in one month.
If he fails to complete the work lodge FIR against him and also file a suit for claiming compensation for delay in work completion.
You have the option to drag him to consumer forum, which will get dragged for years, or you can give a complaint with the police for cheating and breach of trust and other offences, it will be effective if police takes proper and prompt action provided he do not influence police with bribe to not to strain much on your complaint.
First issue a legal notice through a lawyer and wait for his reply after which you may decide to proceed as per law.
See you can file a consumer complaint for deficiency and delay and can seek direction to complete work , pay damages and loss of rent and co sensation for mental cruelty.
